What is the standard of review applicable in appeals from a final order of the judge?
Ontario, Canada
The following excerpt is from Lu v Chen, 2016 ONSC 3255 (CanLII):
The standard of review applicable in appeals from a final order of a judge is stated in Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235: On questions of law, the standard is correctness. On questions of fact, the standard is palpable and overriding error. On questions of mixed fact and law, there is a spectrum. Where there is an extricable legal principle, the standard of review is correctness. However, with respect to the application of the correct legal principles to the evidence, the standard is palpable and overriding error.
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