What is the test for setting aside an order made in the exercise of the judge’s's discretion?
British Columbia, Canada
The following excerpt is from Lost Lake Properties Ltd. v. Nanaimo (Regional District), 2016 BCCA 487 (CanLII):
The issues considered by the judge were in the exercise of the judge’s discretion. To set aside an order made in the exercise of discretion, we must be persuaded the court misdirected itself, gave no weight or insufficient weight to a relevant consideration, or erred in principle: Friends of the Oldman River Society v. Canada (Minister of Transport), 1992 CanLII 110 (SCC), [1992] 1 S.C.R. 3.
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