What is the standard for appealing from where an order is appealed from?
British Columbia, Canada
The following excerpt is from Belke v. Bennett, 2006 BCSC 536 (CanLII):
The parties disagree as to whether the order appealed from falls into the former or the latter category. The plaintiff argues that the “clearly wrong” standard applies. In support, he relies on Stoneman v. Desjardins, 2004 BCSC 57 [Stoneman], and Morey v. Lemon, 2005 BCSC 1415 [Morey]. In my view, neither of these cases supports that conclusion. In Morey, the issue is not whether there would be an independent medical examination, but rather under what terms it would be held. Similarly, in Stoneman, the issue is not whether there would be a medical examination, but rather who would conduct it.
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