What is the standard of review on a finding of fact?

Alberta, Canada


The following excerpt is from R. v. Gleeson, 2012 ABQB 675 (CanLII):

It is settled law that the standard of review on a question of law is correctness. The standard of review on findings of fact is "palpable and overriding error". The application of a legal standard to a set of facts is a question of mixed fact and law, and thus subject to a standard of palpable and overriding error, unless it is clear that the trial judge made some error in principle with respect to the characterization of the standard or its application, in which case the error may amount to an error in law, subject to the standard of correctness: Housen v. Nickolaison, 2002 SCC 33, [2002] 2 SCR 235 at 237-238.

Other Questions


What is the standard of review in the context of standard review on mixed fact and law? (Alberta, Canada)
What standard of review applies to a finding of mixed law and fact? (Alberta, Canada)
What is the standard of review of a finding of fact by a judge at the Court of Appeal? (Alberta, Canada)
What is the standard of review applied by the reviewing judge in an administrative law case? (Alberta, Canada)
What is the standard of review for an appellate court reviewing a trial decision? (Alberta, Canada)
Can a finding of negligence be reviewed on a standard of correctness? (Alberta, Canada)
What is the standard of review under appeal law and what is the scope of review? (Alberta, Canada)
What is the standard of review for findings of credibility in a civil matter? (Alberta, Canada)
What is the standard of review on factual findings of an administrative tribunal? (Alberta, Canada)
What are the grounds for review of a judge's fact finding on the basis of a trust? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.