Can a motion judge erred in her articulation or application of the test under s. 6(2)?

Ontario, Canada

The following excerpt is from 2619506 Ontario Inc., v. 2082100 Ontario Inc., 2021 ONCA 702 (CanLII):

We do not agree that the motion judge erred in her articulation or application of the test under s. 6(2). We do not agree that this is an extricable question of law attracting a correctness standard of review. Rather, it raises a question of mixed law and fact, thus attracting the standard of palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 36-37.

Other Questions

Can an application be brought under section 8(2) of the Municipal Corporations Insurance Act, s.8(1)(2) or s.9(3) for breach of the MCIA? (Ontario, Canada)
Does a motion judge erred in principle in failing to maintain the status quo? (Ontario, Canada)
In what circumstances will a judge order an order under Rule 31.03(2) of the Rules 31.10(1) and Rule 30.10? (Ontario, Canada)
What is the effect of a motion judge's finding that an insurer's obligation under a life insurance policy does not change adversely after an accident occurs? (Ontario, Canada)
In what circumstances will the court consider a motion for certification under s.5(1) of the Criminal Prosecution Service Act, s.6(2) and s.7(3) in the context of a class or two or more people seeking access to justice? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
Can a judge proceed cautiously if she conducts a stage two policy analysis under the Anns test on a pre-trial motion? (Ontario, Canada)
What is the test for making a decision on a motion under s. 77(6) of the Criminal Code? (Ontario, Canada)
What is the Applicant’s second argument in his application for leave of execution under s. 6 of the Charter of Human Rights Act? (Ontario, Canada)
Is it possible for a motion under Rule 50.13 (6)(d) to be made summarily at a case conference without convening a formal hearing? (Ontario, Canada)

There are no other similar questions at this time.