What is the standard of review for an error of mixed fact and law?

Ontario, Canada


The following excerpt is from Zhang v. Dell Canada, 2020 ONSC 48 (CanLII):

The standard of review for an error of fact is that the error made must be overriding and palpable. The standard of review for an error of law is correctness. There is a spectrum for the standard of review on an error of mixed fact and law. (See Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 8, 10, and 28).

Other Questions


What is the legal test for applying palpable and overriding error standard in appellate review of findings of fact and of mixed fact and law? (Ontario, Canada)
What is a palpable error in the standard of review applicable to questions of mixed fact and law? (Ontario, Canada)
What is the standard of review applied to a judge's findings of fact and mixed fact and law? (Ontario, Canada)
What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal? (Ontario, Canada)
What is the standard of review for an appeal against a Deputy Judge making errors of fact? (Ontario, Canada)
What is the standard of review for questions of law, credibility, mixed fact and law and penalty? (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 a question of mixed fact and law? (Ontario, Canada)
What is the standard of review of questions of law and questions of mixed fact and law? (Ontario, Canada)
When a judge has made an error in principle by failing to consider the relevant elements of a legal test or standard, or has erred in the application or standard? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.