What is the test for appeal in family law cases?
Ontario, Canada
The following excerpt is from Heeley v. Byers, 2014 ONSC 5139 (CanLII):
In family law proceedings, the test was enunciated by Aston J. in Johanns v. Fulford[6] as follows: Having regard to the parameters of judicial discretion, leave to appeal will be granted if: (a) the discretion is not exercised on the facts of the case; (b) the discretion is exercised on facts wholly unconnected with the cause of action; or (c) the judgment has proceeded on some erroneous principle. Byers’ Grounds of Appeal
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