What is the test for "mixed law and fact"?
Saskatchewan, Canada
The following excerpt is from Saskatchewan Broiler Hatching Egg Producers' Marketing Board v. Dubois, 1999 SKQB 228 (CanLII):
... Briefly stated, questions 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.... He then considered the issue before the court in Pezim v. British Columbia (Superintendent of Brokers) (1994), 1994 CanLII 103 (SCC), 114 D.L.R. (4th) 385; [1994] 2 S.C.R. 557 as an example, at para. 36:
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