What is the standard of review of a motion to appeal?

An appellate court should state and set the standard of review before proceeding to examine the grounds of appeal. Counsel has properly cited Housen v. Nikolaison, [2002] 2 S.C.R. 235, 2002 SCC 33 for the general law on the standard of review. It is clear that the standard of review is correctness when the alleged error relates to a question of law: Housen at para. 8. When it relates to a question of fact alone, the standard is overriding and palpable error: Housen at para. 10. When the alleged error relates to a question of mixed law and facts, the trial judge’s decision is to be afforded deference unless the alleged error can be attributed to the application of an incorrect standard, a failure to consider a required element of a legal test or similar error in principle: Housen at para. 36.