What is the standard of review for a mixed question of fact and law?
Nova Scotia, Canada
The following excerpt is from Halifax (Regional Municipality) v. Willis, 2010 NSCA 76 (CanLII):
On questions of law, the standard of review is correctness. Mixed questions of fact and law are reviewed on the palpable and overriding standard unless the alleged error of law can be isolated from the mixed question of fact and law. If it can, it will be reviewed on the correctness standard. McPhee v. Gwynne‑ Timothy, 2005 NSCA 80 at ¶ 33.
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