What is the test for determining whether a purely legal question is "readily extricated" from what might otherwise be a mixed law and fact?

British Columbia, Canada


The following excerpt is from Oceanview Golf Resort & Spa Ltd. v. British Columbia (Private Managed Forest Land Council), 2015 BCSC 2371 (CanLII):

In Housen v. Nikkolaisen, 2002 SCC 33 at paras. 31-36, the majority judgment stresses the importance of determining whether a purely legal question is “readily extricable” from what might otherwise be characterized as mixed law and fact.

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