What is the standard of review in appeal of an order of a judge?
Ontario, Canada
The following excerpt is from Hammer v. Kirkpatrick, 2017 ONSC 7150 (CanLII):
The standard of review in an appeal of an order of a Judge is set out in Housen v. Nikolaisen, 2002 SCC 33 (CanLII). On questions of law, the standard is correctness. On questions of fact, the standard is palpable and overriding error. On questions of mixed fact and law, there is a spectrum. However, with respect to the application of the correct legal principles to the evidence, the standard is palpable and overriding error.
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