What is the standard of review on appeal in cases involving mixed fact and law?
Ontario, Canada
The following excerpt is from Hordo v. Zweig, 2021 ONSC 1116 (CanLII):
On a pure question of law, the standard of review on appeal is correctness. Questions of fact cannot be reversed unless the trial judge has made a “palpable and overriding error”. The latter standard also applies to questions of mixed fact and law unless there is an extricable error of law, in which case correctness applies: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 8, 10, and 36.
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