What is the difference between questions of law and questions of mixed law and fact?
Ontario, Canada
The following excerpt is from Porringa v. Everitt and Lundy, 2021 ONSC 70 (CanLII):
In Solomon v. Levy, 2015 ONSC 2556 (Div. Ct.), at para. 32, the court summarized the difference between questions of law, questions of fact and questions of mixed law and fact: “[Q]uestions of law are questions about what the correct legal test is; questions of fact are questions about what actually took place between the parties; and questions of mixed law and fact are questions about whether the facts satisfy the legal tests.”
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