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.

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