I agree with my colleague that the issue of the Town’s jurisdiction is a question of law and questions of law are reviewed on the basis of correctness: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 8. Clublink’s repetitive efforts to describe the reasons of the application judge as amounting to findings of fact or of mixed fact and law, and thus attracting deference and a standard of review of reasonableness, are misconceived and fundamentally flawed. At the centre of his decision is the legal question of whether the Town has the jurisdiction to do that which it purported to do through the by-laws.
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