What is the standard of review applicable in a civil case?

Manitoba, Canada


The following excerpt is from The Rural Municipality of St. Clements v. Zucawich, 2013 MBCA 65 (CanLII):

For these reasons, the standard of review to be followed in this appeal is that applicable in a civil case, being the well-known standard set out in Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235. Questions of law are to be reviewed on a standard of correctness, while questions of fact and inferences of fact are to be reviewed on a standard of palpable and overriding error. Questions of mixed fact and law, including the application of a legal standard to a set of facts, are also to be reviewed on a standard of palpable and overriding error, unless the question relates to an extricable question of law, including the characterization of the legal standard, for which the applicable standard is that of correctness. IV. THE LEGISLATION

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