What is the standard of review in the context of a motion by the Court of Appeal?
Newfoundland and Labrador, Canada
The following excerpt is from H.S. v P.W., 2016 NLCA 67 (CanLII):
The applicable standards of review are correctness for questions of law and palpable and overriding error for questions of fact (Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235):
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review applicable to a motion to appeal against a motion for summary judgment? (Newfoundland and Labrador, Canada)
What is the standard of review in the context of a child protection matter? (Newfoundland and Labrador, Canada)
What is the standard of care required by the Court of Appeal in relation to a bailee? (Newfoundland and Labrador, Canada)
What are the considerations used in settling an application for leave to appeal rule 38 of the Court of Appeal? (Newfoundland and Labrador, Canada)
What is the test for a party to appeal against a finding of error at the Court of Appeal? (Newfoundland and Labrador, Canada)
Is this appeal to the Court of Appeal moot? (Newfoundland and Labrador, Canada)
What is the standard of review in a second level appeal? (Newfoundland and Labrador, Canada)
Does the Court of Appeal have any authority to interfere with a trial judge’s findings of fact based conclusions drawn from conflicting testimony of expert witnesses? (Newfoundland and Labrador, Canada)
What is the standard of review of a decision by a tribunal? (Newfoundland and Labrador, Canada)
What are the grounds of appeal for reinstatement in a Notice of Appeal? (Newfoundland and Labrador, Canada)
