What is the legal test for consent to appeal?

British Columbia, Canada


The following excerpt is from Schriemer v Harris, 2021 BCSC 1490 (CanLII):

Before the appeal was heard, the parties in Suomalainen resolved the dispute and the appeal was allowed by consent. The merits of the appeal were not considered, with the court specifically stating it was not expressing an opinion on the correctness of the trial decision (Suomalainen v. Jernigan, 2004 BCCA 652).

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