What is the standard of review applicable to a question of mixed fact and law?
Canada (Federal), Canada
The following excerpt is from Payne v. Bank of Montreal, 2013 FCA 33 (CanLII):
The principal question in dispute in this case is whether Mr Payne’s dismissal was unjust. This is a question of mixed fact and law because the answer depends on the Adjudicator’s application of the relevant law to the facts that he found. The inquiry involves an assessment of the facts within the proper legal framework. The standard of review applicable to an administrative tribunal’s determination of questions of mixed fact and law is presumed to be reasonableness: Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190 at para. 53.
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