What is the standard of review on questions of mixed fact and law?
British Columbia, Canada
The following excerpt is from Kerr v. Baranow, 2009 BCCA 111 (CanLII):
The standard of review on questions of mixed fact and law, which involve the application of a legal standard to a set of facts, is less definitive and lies on a spectrum of deference. Where the impugned error involves the application of an erroneous legal principle or a failure to consider a requirement of a legal test that is not readily extractible from the findings of fact, the standard of review is more stringent and closer to the less deferential standard of correctness. Where the impugned error involves a more extensive review of the evidence as a whole, the more deferential standard of palpable and overriding error will apply. See Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, H.L. v. Canada (Attorney General), 2005 SCC 25, [2005] 1 S.C.R. 401. Discussion
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