What is the standard of review in an appeal of a civil matter?
Alberta, Canada
The following excerpt is from Black Diamond Paving Ltd. v. Thierman Construction Limited, 2008 ABQB 736 (CanLII):
Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, is the leading case on standards of review in appeals of civil cases. The first step is to characterize the question under appeal as a question of fact, a question of law, or a question of mixed fact and law. Questions of mixed fact and law “involve applying a legal standard to a set of facts”: para. 26. They involve drawing a legal inference from findings of fact.
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