How is the standard of correctness applied to conclusions of law?
British Columbia, Canada
The following excerpt is from Dring v. Gheyle, 2018 BCCA 435 (CanLII):
Conclusions on issues of law are reviewed on the standard of correctness: Housen v. Nikolaisen, 2002 SCC 33 at para. 8. Findings of fact, including inferences drawn from facts, are reviewed for palpable and overriding error: Housen at paras. 10, 23; H.L. v. Canada (Attorney General), 2005 SCC 25 at para. 74. Questions of mixed fact and law involve the application of a legal standard to a set of facts. Such questions lie along a spectrum. Where a decision results more from a consideration of the evidence as a whole, a deferential standard is appropriate. However, a correctness standard can be applied when the alleged error arises from the statement of a legal test: Housen at paras. 33, 36.
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