The standard of review for questions of law is correctness. Stating the scope and content of the law of privilege is a question of law. While that legal standard is a question of law, whether that standard has been met with respect to a particular document is often a mixed question of fact and law. The findings of fact of the trial judge underlying that decision, and inferences drawn from the facts, will only be reversed on appeal if they disclose palpable and overriding error: Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33 (CanLII). Whether a document is “relevant and material” is also a mixed question of fact and law.
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