What is the standard of review in the context of a motion for summary judgment in a personal injury case?
Ontario, Canada
The following excerpt is from Chowdhury v Satveer and Harveer Enterprise Inc., 2016 ONSC 4319 (CanLII):
The standard of review is governed by Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235. On questions of law, the standard is correctness. On questions of fact, the standard is palpable and overriding error. On questions of mixed fact and law, there is a spectrum. Where there is an inextricable legal principle, the standard of review is correctness. However, with respect to the application of the correct legal principles to the evidence, the standard is palpable and overriding error.
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