What is the legal test for determining whether a question of mixed fact and law is correct or palpable and overriding error?

Alberta, Canada


The following excerpt is from R. v. Morris, 2011 ABQB 357 (CanLII):

In Canada, an appeal court reviews a question of law on a standard of correctness, and a question of fact on a more deferential palpable and overriding error standard, Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235 (”Housen”). An appellate court reviews a question of mixed fact and law on a standard of palpable and overriding error: Housen at paras. 26-36. A question of mixed fact and law with an extricable error in principle can be characterized as an error of law. An extricable error in principle is one that “can be attributed to the application of an incorrect standard, a failure to consider a required element of a legal test, or a similar error in principle”: Housen at para. 36.

Other Questions


What is the standard of review for the purpose of determining whether a trial judge made a palpable and overriding error? (Alberta, Canada)
Can a finding of fact be reviewed for palpable and overriding error? (Alberta, Canada)
What is the test for determining whether a written contract is a question of law? (Alberta, Canada)
What is the test for determining whether a plaintiff has met the onus of proof for the causation question? (Alberta, Canada)
What is the legal test for a surgeon to determine whether a patient’s hypothetical choice to refuse treatment should be based solely on the testimony of the patient at trial? (Alberta, Canada)
What is the legal test for determining whether an employer has a duty to accommodate an employee with special educational needs? (Alberta, Canada)
What is the standard of palpable and overriding error on a contract? (Alberta, Canada)
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
What is the test to determine whether a claim can be conveniently heard and determined by a jury? (Alberta, Canada)
What is the test for determining whether a question is relevant and material? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.