Is the question of assessable or paramount use a question of mixed fact and law and law?

A different approach might view the question of assessable or paramount use as a question of mixed fact and law because it is a question about whether the facts meet the legal test of occupancy or use under s.7. Even so, the facts of this case are sufficiently unusual that the finding of paramount occupancy is of little precedential value and therefore should be accorded deference from an appellate court. Iacobucci J. explained this approach in Canada v. Southam Inc., supra,at pp.13-15: By contrast, the matrices of facts at issue in some cases are so particular, indeed so unique, that decisions about whether they satisfy legal tests do not have any great precedential value. If a court were to decide that driving at a certain speed on a certain road under certain conditions was negligent, its decision would not have any great value as a precedent. In short, as the level of generality of the challenged proposition approaches utter particularity, the matter approaches pure application, and hence draws nigh to being an unqualified question of mixed law and fact. ... ***