What is the standard of review of a motion where a claim has been made that the claim is invalid?
Canada (Federal), Canada
The following excerpt is from Keybrand Foods Inc. v. Canada, 2020 FCA 201 (CanLII):
To the extent that these issues raise questions of law, the standard of review is correctness and to the extent that these issues raise questions of fact or questions of mixed fact and law, for which there is no extricable question of law, the standard of review is palpable and overriding error (Housen v. Nikolaisen, 2002 SCC 33).
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