What is the standard of review for the application of a legal test to the facts as found?
Newfoundland and Labrador, Canada
The following excerpt is from Rich v. Bromley Estate, 2013 NLCA 24 (CanLII):
However, in Housen v. Nikolaisen, 2002 SCC 33, [2002] S.C.R. 235, the application of a legal test to the facts as found is characterized as a question of mixed fact and law; the relevant standard of review is palpable and overriding error, save when there is an “extricable question of law”, in which case the standard is correctness.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review applicable to awards of damages in past loss of income cases? (Newfoundland and Labrador, Canada)
What is the standard of review for mixed fact and law? (Newfoundland and Labrador, Canada)
What is the legal framework for determining the appropriate standard of review? (Newfoundland and Labrador, Canada)
What is the standard for appellate review regarding findings of fact? (Newfoundland and Labrador, Canada)
What is the difference between a simple factual finding and the application of the legal standard for subjective belief to the evidence? (Newfoundland and Labrador, Canada)
What is the standard of review applicable to a motion to appeal against a motion for summary judgment? (Newfoundland and Labrador, Canada)
What is the standard of review of a decision by a tribunal? (Newfoundland and Labrador, Canada)
What is the standard of appellate review in a family law case? (Newfoundland and Labrador, Canada)
What is the legal test for a union to meet the standard of good faith in representing employees? (Newfoundland and Labrador, Canada)
What is the standard of review in a second level appeal? (Newfoundland and Labrador, Canada)
