Tuesday, March 4, 2014

Standard of review for questions of fact and questions of mixed law and fact is deference

Skinner v. Thames Centre (Municipality), 2014 ONCA 164:

[11]       The standard of review for questions of fact and questions of mixed law and fact is deference, absent a palpable and overriding error or an error in principle:  Housen v. Nikolaisen, [2002] 2 S.C.J. No. 31, at paras. 8, 10 and 37.

[12]       The question is not whether this court would arrive at the same decision on the evidence, but whether the application judge overlooked important evidence in his decision and accordingly made a palpable and overriding error.  We are not persuaded that there was any such error in this case, and accordingly dismiss the appeal.

No comments: