What is the standard of review for the purpose of determining whether a claim is valid or invalid?

Manitoba, Canada


The following excerpt is from Schreyer v. Schreyer, 2009 MBCA 84 (CanLII):

37 The wife argues that the standard of review on this issue is one of correctness. The husband refers to Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, and asserts the standards of review are that of correctness for pure questions of law and palpable and overriding error for questions of fact and inferences of fact and mixed questions of fact and law unless, in respect of the latter, the question of law is clearly severable from the questions of fact, in which case the standard of correctness applies to the severed question of law.

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