What is the test for a motion judge to make a different decision on a motion?

Ontario, Canada


The following excerpt is from E.C. v. P.A., 2022 ONSC 1163 (CanLII):

8. The test is not whether the appellate court would have made a different decision but whether the motions judge based the exercise of discretion on an error of principle or was clearly wrong: Van v. Palombi at para 5.

Other Questions


What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
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)
How has the court considered a motion for leave to appeal a decision of the case conference judge staying a motion to change until outstanding costs have been paid? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
What is the test for a motions judge to dismiss a motion for personal injury? (Ontario, Canada)
What is the basis to overturn a motion judge’s ruling that the valuation evidence tendered after cross-examinations is not admissible on the motion? (Ontario, Canada)
What is a reasonable decision for a tribunal to make a decision on a motion for sexual assault? (Ontario, Canada)
Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.