What is the standard of review of a judgment?
Ontario, Canada
The following excerpt is from Re/Max Excellence Realty Inc. v. Hill, 2013 ONSC 6408 (CanLII):
On a question of law, the standard of review of a trial judgment is that of correctness: see Housen v. Nikolaisen, [2002] S.C.C. 33 at para. 8. In reviewing this decision in detail, I note that the trial judge made findings of credibility and based his decision to a great extent on these findings in concluding that the appellant was not able to prove his claim. His findings of credibility are entitled to deference. He was clearly in the best position to observe the witnesses and make a finding concerning who and what he believed and what weight to attach to the evidence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the appropriate standard of review for an appeal from a judgment refusing judicial review? (Ontario, Canada)
Is a question of law involved in a summary judgment motion reviewed on a correctness standard? (Ontario, Canada)
What is the standard of review required for a summary judgment motion? (Ontario, Canada)
What is the standard of review for the purposes of determining whether a decision should be reviewed in a civil proceeding? (Ontario, Canada)
What is the standard of review for a judicial review of an administrative decision? (Ontario, Canada)
What is the standard of review for a bail review? (Ontario, Canada)
What is the standard of review of a Minister's refusal to disclose records on a standard of correctness? (Ontario, Canada)
What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal? (Ontario, Canada)
What is the standard of review in judicial review? (Ontario, Canada)
What is the standard of review applied to a review of an assessment officer’s decision? (Ontario, Canada)
