What is the test for deference to a motion judge's exercise of discretion in applying forum non conveniens?
Ontario, Canada
The following excerpt is from Goldhar v. Haaretz.com, 2016 ONCA 515 (CanLII):
Subject to certain caveats, deference is owed to a motion judge’s exercise of discretion. In Banro, LeBel J. wrote at para. 41: The application of forum non conveniens is an exercise of discretion reviewable in accordance with the principle of deference to discretionary decisions: an appeal court should intervene only if the motion judge erred in principle, misapprehended or failed to take account of material evidence, or reached an unreasonable decision (see Young v. Tyco International of Canada Ltd., at para. 27).
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