What standard of review framework applies to this appeal?
Canada (Federal), Canada
The following excerpt is from Barnwell v. Canada, 2016 FCA 150 (CanLII):
The parties agree that the standard of review framework in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 applies to this appeal. For extricable questions of law, the standard is correctness (para. 8). For questions of fact, it must be established that the judge made a “palpable and overriding error” (para. 10). For mixed questions of law and fact, the stricter standard applicable to pure questions of facts also applies (para. 29).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
Does the BIA have applied the correct standard of review in its de-novo review? (MultiRegion, United States of America)
What is the standard of review applied in reviewing a Minister's Delegate? (Canada (Federal), Canada)
What is the standard of review for appeal review of an award of damages for damages awarded in a personal injury case? (Canada (Federal), Canada)
What is the standard of review for the Court of Appeal to determine whether CIDA interpreted and applied its own program? (Canada (Federal), Canada)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
What is the standard of review applied in reviewing a decision of the Minister refusing to grant Ministerial Relief? (Canada (Federal), Canada)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What standard of review applies to this appeal? (Canada (Federal), Canada)
What is the standard of review for a motion of appeal in the Superior Court of Appeal? (MultiRegion, United States of America)
