What is the standard of review in a personal injury appeal?
Saskatchewan, Canada
The following excerpt is from Boxall v Fonkalsrud, 2014 SKQB 134 (CanLII):
Where the appeal is grounded on issues of law, the standard of review is correctness. Where the ground of appeal involves questions of mixed fact and law, including the judge’s interpretation of the evidence in applying the legal standards to the facts, a deferential standard is usually applied. However, when a legal principle is extricable, the correctness standard is applied. (Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 at para. 36)
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