What is the test for remitting back to the court under s. 18 of the Criminal Code?

British Columbia, Canada


The following excerpt is from Burke v. Grant, 2012 BCSC 76 (CanLII):

In Cox v. Cox, 2009 BCSC 1609, Griffin J. described the circumstances in which the court ought to remit back to the s. 18 court: At paragraph 25, Griffin J. held that:

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