Is mixed fact and law relevant in the context of the trial judge's decision regarding the potential sale of the business?
British Columbia, Canada
The following excerpt is from Cellular Baby Cell Phones Accessories Specialist Ltd. v. Fido Solutions Inc., 2017 BCCA 50 (CanLII):
The trial judge’s decision regarding the potential sale of the business raises a question of mixed fact and law. It involves applying a legal standard to a set of facts. Matters of mixed fact and law lie along a spectrum. Where an error can be attributed to the application of an incorrect legal standard, a failure to consider a required element of a legal test, or similar error in principle, such an error can be characterized as an error of law, subject to a standard of correctness: Housen v. Nikolaisen, 2002 SCC 33 at para. 36.
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