What is the standard of review applicable on appeals such as this?

British Columbia, Canada


The following excerpt is from L.R.D. v. M.L.F., 2005 BCSC 692 (CanLII):

L’Heureux-Dubé J. described the standard of review applicable on appeals such as this in Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 in which she wrote at ¶10 and 12: [Trial judge] must balance the objectives and factors set out in the Divorce Act or in provincial support statutes with an appreciation of the particular facts of the case. It is a difficult but important determination, which is critical to the lives of the parties and to their children. Because of its fact-based and discretionary nature, trial judges must be given considerable deference by appellate courts when such decisions are reviewed. There are strong reasons for the significant deference that must be given to trial judges in relation to support orders. This standard of appellate review recognizes that the discretion involved in making a support order is best exercised by the judge who has heard the parties directly. It avoids giving parties an incentive to appeal judgments and incur added expenses in the hope that the appeal court will have a different appreciation of the relevant factors and evidence. This approach promotes finality in family law litigation and recognizes the importance of the appreciation of the facts by the trial judge. Though an appeal court must intervene when there is a material error, a serious misapprehension of the evidence, or an error in law, it is not entitled to overturn a support order simply because it would have made a different decision or balanced the factors differently.

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