What does “standard of review” mean and why does it matter?

The standard of review is how much deference the appeals court gives to the trial court’s decision. It matters a great deal, because it shapes how hard it is to win.

• Questions of law are often reviewed fresh, with little deference.
• Findings of fact are usually upheld unless clearly wrong.
• Discretionary rulings, such as many evidence decisions, are typically reversed only for an abuse of discretion.

A strong appeal usually focuses on issues where the standard is most favourable to you.

This is general information, not legal advice — speak to a licensed lawyer about your situation.