What is the standard of review for a question of mixed fact and law?

Ontario, Canada


The following excerpt is from Solcz v. Solcz, 2021 ONSC 8457 (CanLII):

The parties agree on the appropriate standards of review. The standard of review on questions of law is correctness, while findings of fact and factual inferences are reviewable for palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at paras. 8, 10 and 25. A question of mixed fact and law involves the application of a legal standard to a set of facts, and is subject to review for palpable and overriding error, except for extricable questions of law: Housen, at para. 26. A question of law may be extricable from a question of mixed fact and law if, for example, the incorrect legal standard is applied, or a part of a legal test is not considered by the decision-maker. The extricable question of law is reviewed on a correctness standard.

Other Questions


What is the standard of review of questions of law and questions of mixed fact and law? (Ontario, Canada)
What is the distinction between questions of law, questions of fact and questions of mixed law and fact? (Ontario, Canada)
What is the standard of review for appeal from a judge on questions of law and mixed fact and law? (Ontario, Canada)
What is the standard of review for a question of fact and mixed fact? (Ontario, Canada)
What is the standard of review for questions of mixed law and fact? (Ontario, Canada)
What is the standard of review for questions of law, credibility, mixed fact and law and penalty? (Ontario, Canada)
What is a palpable error in the standard of review applicable to questions of mixed fact and law? (Ontario, Canada)
What is the standard of review of a judicial decision on a question of law? (Ontario, Canada)
What is the standard of review on appeal involving a question of law? (Ontario, Canada)
What is the standard of review for an Assessment Officer to be reviewed by the Court of Appeal? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.