What is the applicable standard of review for appeal from a decision of a judge?

Ontario, Canada


The following excerpt is from Hilson v. Evans, 2022 ONSC 1662 (CanLII):

On an appeal from a decision of a judge, the applicable standard of review is to be determined with reference to the nature of the question in accordance with Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235. On questions of law, the standard of review is correctness. On questions of fact, the standard of review is palpable and overriding error. A palpable and overriding error is an error that can be plainly seen and that affected the result, is unreasonable or is unsupported by the evidence. On questions of mixed fact and law, the standard is palpable and overriding error, unless there is an extricable question of law, in which case, the standard of review on that extricable question is correctness.

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