What is the standard for correctness in s. 59(1)?
British Columbia, Canada
The following excerpt is from Lavender Co-Operative Housing Association v. Ford, 2009 BCSC 1437 (CanLII):
On a plain reading of s. 59(1), the default standard is correctness for all but those questions the section says are decided on a different standard. Any possible doubt about this position could not survive British Columbia v. Bolster, 2007 BCCA 65, 63 B.C.L.R. (4th) 263, leave to appeal refused, where at para. 124 the court says:
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