What is the standard of appellate review in mixed fact and law?

Ontario, Canada


The following excerpt is from A.B. v. N.L.A., 2013 ONSC 2990 (CanLII):

As a judge sitting on appeal, I am guided by the standard of appellate review as set out in Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235 (S.C.C.). The standard is as follows: i. on pure questions of law, the standard is correctness; ii. as to findings of fact, the standard is overriding and palpable error; and iii. with respect to mixed fact and law, the standard is also overriding and palpable error unless it is clear the trial judge made an error in principle which may amount to an error in law and be subject to the standard of correctness.

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