What is the test for prima facie evidence and its application to the facts?
Canada (Federal), Canada
The following excerpt is from Canada (Attorney General) v. Montreuil, 2009 FC 60 (CanLII):
In this case, the first issue relates to the definition of the test for prima facie evidence and its application to the facts. The standard of review that applies to the definition is that of correctness. When it comes to applying this definition, as this is a question of mixed fact and law, the standard is that of reasonableness (Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190).
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