To these comments, I add that the same standard of palpable and overriding error applies to inferences of fact (Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33 at paras. 19-25), and to questions of mixed fact and law where the issue on appeal involves the trial judge’s interpretation of the evidence as a whole (Housen v. Nikolaisen, supra, at para. 36). I also agree with the Director’s submission that the appropriate standard of review will be correctness on a pure question of law: Housen v. Nikolaisen, supra, at paras. 8-9.
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