What is the standard of review applicable to a motion to appeal against a motion for summary judgment?
Newfoundland and Labrador, Canada
The following excerpt is from Finn v. St. John's (City of), 2002 NLCA 76 (CanLII):
The standards of review applicable are well established. As to pure questions of law, the standard of review is correctness. For findings of fact, it is palpable and overriding error. As to inferences of fact, an appellate court will intervene only if the trial judge has made a palpable and overriding error in coming to a factual conclusion based on accepted facts. See: Housen v. Nickolaisen (2002), 211 D.L.R. (4th) 577, 2002 SCC 33 (CanLII). The Issues
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