What is the standard of review for appeal from a judge on questions of law and mixed fact and law?
Ontario, Canada
The following excerpt is from Untinen v Dykstra c.o.b., Dykstra Roofing & Renovations, IKO Industries Ltd., 2016 ONSC 4721 (CanLII):
On an appeal from a judge, the standard of review on questions of law is correctness. On questions of fact, the standard is palpable and overriding error, while on questions of mixed fact and law, the standard is palpable and overriding error, unless there is an error with respect to an extricable question of law: see Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 8, 10, 36.
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