Does the correctness standard apply to this appeal?
British Columbia, Canada
The following excerpt is from Insurance Corporation of British Columbia v. Stainton Ventures Ltd., 2014 BCCA 296 (CanLII):
In my view, the correctness standard applies to this appeal. That is because the resolution of issues raised involves the legal effect of undisputed facts. More particularly, it involves an objective legal characterization of those facts: see R. v. J.M.H., 2011 SCC 45 at para. 28, [2011] 3 S.C.R. 197; Wilson v. Williams, 2013 BCCA 471 at paras 46-60, 368 D.L.R. (4th) 253. Infringement of ICBC’s Official Mark
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