If a motion judge errs in law, will the decision be reviewed on a standard of correctness?

Ontario, Canada


The following excerpt is from Kassian v. The Attorney General of Canada, 2014 ONSC 844 (CanLII):

However, if the motion judge errs in law, the decision will be reviewed on a standard of correctness; at para. 84: 84 Of course, where the motion judge applies an incorrect principle of law, or errs with regard to a purely legal question, such as the elements that must be proved for the plaintiff to make out her cause of action, the decision will be reviewed on a correctness standard (Housen v. Nikolaisen, at para. 8).

Other Questions


What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
What is the correctness standard for determining whether a party to a motion in a motion is correct? (Ontario, Canada)
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
What is the standard of review for a motion to appeal against a finding by a judge at the Court of Appeal? (Ontario, Canada)
What is the standard of review of a Minister's refusal to disclose records on a standard of correctness? (Ontario, Canada)
What is the standard of review for the purposes of determining whether a decision should be reviewed in a civil proceeding? (Ontario, Canada)
What is the standard of review for a motion of appeal against a finding of fact made by the trial judge? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
What is the standard of review for an associate judge's decision? (Ontario, Canada)
What is the standard of review for an appeal from a decision of a judge? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.