What is the standard of review of questions of law and questions of mixed fact and law?
Ontario, Canada
The following excerpt is from Magna International Inc. (Re), 2010 ONSC 4685 (CanLII):
On an appeal from a judge deciding an application, the standard of review of questions of law is that of correctness. The standard of review of questions of fact and questions of mixed fact and law is that of deference, absent a palpable and overriding error or an error in principle: Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235, [2002] S.C.J. No. 31, at paras. 8, 10 and 37 ("Housen").
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