Judgment Released: March 29, 2012 Link to Judgment.
Under Rule 20, the determination of whether there is a "genuine issue requiring a trial" is a legal determination and the standard of review is correctness. This is also the case on a question of mixed fact and law where it is said that the motion judge applied an incorrect standard, failed to consider a required element of a legal test, or any similar error in principle. If the motion judge correctly applied the legal test, any factual determinations made by the motion judge will be reviewed on the deferential standard of palpable and overriding error.
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