Is a question of law involved in a summary judgment motion reviewed on a correctness standard?

Other questions of law involved in a summary judgment motion ought to be reviewed on a correctness standard. Whether to exercise the new fact-finding powers at Rule 20.04(2.1) is a discretionary decision that is a question of mixed fact and law and attracts deference. When these powers are used to determine whether there is a genuine issue, it is a question of mixed fact and law and should be afforded deference unless there is an extricable error in principle or a palpable and overriding error: Housen v. Nikolaisen, [2002] S.C.C. 33.