What is the test for a motion of no confidence in a motion by a judge in a personal injury case?
Ontario, Canada
The following excerpt is from Elgner v. Elgner, 2010 CanLII 100055 (ON SCDC):
In order to satisfy the criteria under rule 62.02(4)(a), "conflicting cases must present a difference in principle and not merely in outcome as a result of the exercise of discretion" (Thompson v. Kirk, [2009] O.J. No. 3222 (S.C.J.), at para. 14). [page691]
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