Is there any case law or fact-based deference when a question is mixed between fact and law-intensive?
Canada (Federal), Canada
The following excerpt is from Fontaine v. Canada (Transport), 2007 FC 1160 (CanLII):
Finally, the mixed nature of a question “will call for more deference if the question is fact-intensive, and less deference if it is law-intensive” (Dr. Q v. College of Physicians and Surgeons of British Columbia, 2003 SCC 19 (CanLII), [2003] 1 S.C.R. 226).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When reviewing a conclusion by a state court on a mixed issue involving questions both of fact and law, does the court have to give the state court full deference? (MultiRegion, United States of America)
What are some examples of a court review de novo mixed questions of law and fact on constitutional questions? (MultiRegion, United States of America)
In a civil case, what is the current state of the law on the right to question a witness in question? (MultiRegion, United States of America)
What is the applicable standard of review for questions of mixed fact and law? (Canada (Federal), Canada)
Does the standard of review apply to questions of mixed fact and law? (Canada (Federal), Canada)
What is the standard of review for mixed questions of fact and law? (Canada (Federal), Canada)
What is the applicable standard of review for mixed questions of natural justice and law? (Canada (Federal), Canada)
What is the standard of review for mixed questions of law and fact? (Canada (Federal), Canada)
Is there any case law where a judge would be compelled to conclude that a mixed question of law and fact was not a matter of law? (MultiRegion, United States of America)
What is the appropriate standard of review for questions of mixed fact and law? (Canada (Federal), Canada)
