What is the test for applying the law to the facts?
Manitoba, Canada
The following excerpt is from Olson (Stuart) Dominion Construction Ltd. v. Structal Heavy Steel, 2014 MBCA 8 (CanLII):
I agree with counsel in respect of issue one. While the application of the law to the facts is generally a question of mixed fact and law where, as is the case with issue one, it is possible to extricate a discrete legal question from the facts, that discrete legal question will be reviewed on a standard of correctness. See Housen v. Nikolaisen, 2002 SCC 33 at para. 34, [2002] 2 S.C.R. 235.
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