What is the standard of review for a question of fact and mixed fact?
Ontario, Canada
The following excerpt is from McQueen et al. v. Mitchell et al., 2022 ONSC 649 (CanLII):
This is a judicial appeal and appellate standards of review apply, as set out in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235. Questions of law are reviewable on a correctness standard. Questions of fact and questions of mixed fact and law from which the legal principle is not readily extricable are reviewable on a standard of palpable and overriding error: Housen, at paras. 8, 10, 36. Analysis
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