What is the standard of review on appeals from a judge's order?
Ontario, Canada
The following excerpt is from Leon v Toronto Transit Commission, 2016 ONSC 3394 (CanLII):
The standard of review on appeals from a judge’s order on questions of law 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 extricable 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 (see Housen v. Nikolaisen, 2002 SCC 33 (CanLII), [2002] 2 S.C.R. 235).
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