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

Alberta, Canada


The following excerpt is from Temple v. Thomas, 2007 ABQB 316 (CanLII):

The standard of review to be applied by an appellate court on questions of pure fact is that of palpable or overriding error, while the standard to be applied to questions of law is that of correctness. When it comes to review of questions of mixed fact and law, the standard to be applied can be either palpable and overriding error or correctness. If the court below was required to make inferences of fact which are intertwined with, and related to, the legal standard to be applied, as in a finding of negligence, the standard of palpable or overriding error should be applied. Where, however, the error can be traced to an extricable error of law or the application of the wrong legal test, then less deference is required and the correctness standard applies. Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33.

Other Questions


What is the standard of review in the context of standard review on mixed fact and law? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
What is the standard of review applied by the reviewing judge in an administrative law case? (Alberta, Canada)
What standard of review applies to a finding of mixed law and fact? (Alberta, Canada)
What is the standard of review for errors of mixed fact and law? (Alberta, Canada)
What is the standard of review for an appellate court reviewing a trial decision? (Alberta, Canada)
What is the standard of review in an appeal of a civil matter? (Alberta, Canada)
What is the standard of review for a sentence? (Alberta, Canada)
What is the standard of review of a learned trial judge’s decision? (Alberta, Canada)
What is the standard of review for a statutory appeal? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.