What is the standard of review for an associate judge's decision?

Ontario, Canada


The following excerpt is from Suevilia Development Corporation v. Liang, 2022 ONSC 1856 (CanLII):

The standards of appellate review that apply to judges’ decisions also apply to associate judges’ decisions: see Zeitoun v. The Economical Insurance Group, 2019 ONCA 415 at para. 1.

An appeal from an associate judge’s decision is not a rehearing. On questions of fact and mixed fact and law, deference applies, and the role of the reviewing court is limited. An appellate court cannot substitute its interpretation of the facts or reweigh the evidence simply because it takes a different view of the evidence from that of the associate judge. On questions of law, the correctness standard applies. See Prescott v. Barbon, 2018 ONCA 504 at para. 11.

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