What is the standard of review for the purpose of determining whether a "sham" is reviewed in the absence of palpable error?

Canada (Federal), Canada

The following excerpt is from 2529-1915 Québec Inc. v. Canada, 2008 FCA 398 (CanLII):

In their respective memoranda, the parties did not address the standard of review. Counsel acknowledged during the hearing that questions of law are subject to the standard of correctness, while questions of fact and of mixed fact and law may not be reviewed in the absence of palpable error (Housen v. Nikolaisen, [2002] 2 S.R.C. 235). The concept of “sham” in Canadian law

Other Questions


What is the standard of review for error review in a motion where the error was not recognized or analyzed for harmlessness? (MultiRegion, United States of America)
What is the standard of review for the purpose of determining whether a company has infringed a registered trademark? (Canada (Federal), Canada)
What is the standard of review for the purpose of determining whether the application process is fair, fair and reasonable? (Canada (Federal), Canada)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a court committed plain error by failing to correct an error? (MultiRegion, United States of America)
What is the "plain error" standard of review in the context of a motion to overturn a finding of error at the Court of Appeal? (MultiRegion, United States of America)
What is the "plain error" standard in the review of unpreserved errors? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.