What is the test for mixed fact and law?
British Columbia, Canada
The following excerpt is from Radcliffe v. The Owners, Strata Plan KAS1436, 2015 BCCA 448 (CanLII):
Questions of mixed fact and law involve applying a legal standard to a set of facts. 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 is an error of law and subject to a standard of correctness. However, where the legal principle is not readily extricable, then the matter is one of mixed law and fact and should not be overturned absent palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33 at paras. 8-12, 36.
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