What is the applicable standard of review for an appeal from a discretionary order?

Yukon, Canada


The following excerpt is from Tr'ondëk Hwëch'in v. Yukon, 2007 YKCA 1 (CanLII):

On an appeal from . . . a discretionary order, the applicable standard of review is that described by Cumming J.A. in Ward v. Kostiew (1989), 42 B.C.L.R. (2d) 121 (B.C.C.A.), at 127: . . . an appellate court is justified in interfering with the exercise of discretion by a chambers judge only if he misdirects himself, acts on a wrong principle or on irrelevant considerations, or if his decision is so clearly wrong as to amount to an injustice.

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