What is the standard of review for appellate review in cases involving mixed fact and law?

British Columbia, Canada


The following excerpt is from Nagy v. William L. Rutherford (B.C.) Limited, 2021 BCCA 62 (CanLII):

The applicable standard of review is uncontroversial. On questions of fact or mixed fact and law, appellate intervention is justified if an error is palpable (obvious) and overriding (material): Housen v. Nikolaisen, 2002 SCC 33 at paras. 5–6, 10, 36.

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