What is the test for an application for leave to appeal a discretionary order?
British Columbia, Canada
The following excerpt is from Blumenschein v. Seel, 2020 BCCA 296 (CanLII):
The applicant relies on Vesuna v. Ashworth, 2020 BCCA 154, for the test for granting leave to appeal. That case dealt with an application for leave to appeal a discretionary order refusing to grant an injunction, as well as an application for an injunction pending appeal. Summarizing established authority, it held:
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