Is a judge who exercises his or her discretion on a motion for leave to appeal making a "conflicting decision" when the circumstances of the case are different than in other jurisprudence?
Ontario, Canada
The following excerpt is from Williams Estate v Carleton Condominium Corporation No.66, 2015 ONSC 7507 (CanLII):
A judge who exercises his or her discretion when the circumstances of the case are different than in other jurisprudence is not necessarily making a “conflicting decision.” A motion judge’s decision is entitled to deference. Therefore, in order to be successful on a motion for leave to appeal, it is necessary for the appellant to demonstrate that there is a difference in the principles chosen by the motion judge as a guide to the exercise of discretion, and not simply a different set of facts leading to a different conclusion (Nikore v. Proper, 2010 ONSC 2307 (CanLII) at para. 33, 101 O.R. (3d) 469 (Div. Ct.)).
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