What is the standard of review for a claim of palpable and overriding error?
Ontario, Canada
The following excerpt is from Kean v. Popert, 2019 ONSC 6410 (CanLII):
If the purported error is a question of fact, then the standard of review is palpable and overriding error. If the purported error is a question of law, then the standard of review is correctness. If the purported error is a question of mixed fact and law, then the standard of review falls on a spectrum between correctness and a palpable and overriding error: see Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235.
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