What standard of review applies to errors in law?

British Columbia, Canada


The following excerpt is from Mullens v. Toor, 2017 BCCA 384 (CanLII):

With respect to errors of law, the standard of review is correctness, and failure to consider a required element of a legal test is an error in law: Housen v. Nikolaisen, 2002 SCC 33 at paras. 8 and 36.

Other Questions


What is the standard of review to apply in a judicial review? (British Columbia, Canada)
What is the current standard of review and the guidelines for applying that standard? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
What is the standard of review applied by an appellate court in reviewing child support orders? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
How is the standard of review applied to a judicial review of a roadside driving ban? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
What is the standard of review applied to a Minister's surrender decision? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.