What is the standard of review applied on an appeal?
Ontario, Canada
The following excerpt is from Ahmad v ICICI Bank Canada, 2016 ONSC 2692 (CanLII):
The standard of review to be applied on this appeal is not in dispute. On questions of law, the standard is that of correctness. On questions of fact, the standard is palpable and overriding error (see Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S. C. R. 235 (CanLII)). With respect to findings of fact, an appellate court may substitute its own view of the evidence and draw its own inference of fact where the trial judge is shown to have committed a palpable and overriding error or make findings of fact that are clearly wrong, unreasonable or unsupported by the evidence.
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