What is the standard of review on appeal for mixed fact and law?
Ontario, Canada
The following excerpt is from 2200334 Ontario Inc v Landmark Vehicle Leasing Corporation, 2021 ONSC 5657 (CanLII):
The standard of review on appeal is set out in Housen v. Nikolaisen, 2002 SCC 33. The standard of review on a question of law is correctness. The standard of review on a question of fact is palpable and overriding error. For questions of mixed fact and law, the standard of review is also palpable and overriding error unless there is an extricable question of law; in such a case the standard of review on that extricable question is correctness.
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