What standard of review applies to a question of law, fact and inference?

Manitoba, Canada


The following excerpt is from Chrysler Canada Inc. v. Eastwood Chrysler Dodge Ltd. et al., 2010 MBCA 75 (CanLII):

23 The selection of the appropriate standard of review depends largely on the nature of the question in issue: whether it is a question of law, fact or mixed law and fact. Questions of law are reviewed for correctness. Questions of fact (including inferences drawn from the evidence) are reviewed only for palpable and overriding error. Questions of mixed fact and law are also reviewed only for palpable and overriding error, unless an extricable or severable legal error from the factual determination is evident, in which case deference is not owed and the correctness standard can be used. See Housen v. Nikolaisen, 2002 SCC 33, http://www.lexisnexis.com/ca/legal/results/docview/docview.do?docLinkInd=true&risb=21_T5896353365&format=GNBFULL&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T5896353368&cisb=22_T5896353367&treeMax=true&treeWidth=0&csi=281150&docNo=1[2002] 2 S.C.R. 235.

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