What is the standard of review for a finding of mixed fact and law?
Yukon, Canada
The following excerpt is from Yukon (Government of) v. Yukon Zinc, 2021 YKCA 2 (CanLII):
In my opinion, the judge’s conclusion was a finding on a question of mixed fact and law. As set out in Housen v. Nikolaisen, 2002 SCC 33 at para. 36, such questions lie along a spectrum between fact and law. Where the issue is closer to the factual end of the spectrum and no error of law is extricable, the standard of review by an appellate court is one of palpable and overriding error.
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