What is the standard of review for mixed fact and law?

Newfoundland and Labrador, Canada


The following excerpt is from Hynes v Snook, 2021 NLCA 29 (CanLII):

The standard of review for questions of law is correctness; for questions of fact it is palpable and overriding (manifest) error. Questions of mixed fact and law attract the palpable and overriding standard unless it is clear that the judge made some error of law or principle that can be identified independent of the judge’s application of the law to the facts of the case. In these circumstances, the error is reviewed on a standard of correctness (Bowes v. Bowes, 2021 NLCA 10, at para. 22).

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