What is the standard of review applicable in the appeal?
Canada (Federal), Canada
The following excerpt is from Pharmascience Inc. v. Teva Canada Innovation, 2022 FCA 2 (CanLII):
The standard of review applicable in the present appeal is that set out in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, whereby issues of law are reviewed on a standard of correctness and issues of fact or of mixed fact and law from which no legal error is extricable are reviewed on a standard of palpable and overriding error. A palpable and overriding error is one that is obvious and goes to the very core of the outcome of the case.
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