Bifalgorithm post · Fuscalite · III. Issues and Standard of Review

Review Standard

Review Standard (Fuscalite · III. Issues and Standard of Review) — "[18]\n\nTo the extent that this appeal raises any questions of law, the standard of review…

Ideas in this flowchart

  • Standards of review for the appeal
  • The appeal raises questions of law
  • The standard of review is correctness
  • The appeal raises questions of fact or mixed fact and law
  • Mixed fact and law involves no extricable question of law
  • The standard of review is palpable and overriding error
  • Housen v. Nikolaisen, 2002 SCC 33
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Review Standard

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"[18]\n\nTo the extent that this appeal raises any questions of law, the standard of review is correctness. To the extent that this appeal raises any questions of fact or any questions of mixed fact and law (for which there is no extricable question of law), the standard of review is palpable and overriding error (Housen v. Nikolaisen, 2002 SCC 33)."

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