What is the standard of review of an order made in the pre-trial process?

British Columbia, Canada


The following excerpt is from Neural Capital GP, LLC v. 1156062 B.C. Ltd., 2019 BCCA 258 (CanLII):

The order in issue here is a discretionary order made in the pre-trial process. Generally, an appellate court will not interfere with a discretionary order unless the judge erred in principle, ignored or misapplied a relevant factor, or was clearly wrong so as to amount to a serious injustice. This standard of review has been set out in many cases of this court, recently summarized in Haida Nation v. British Columbia (Attorney General), 2018 BCCA 462 at para. 19.

Other Questions


In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
What is the standard of review applied by an appellate court in reviewing child support orders? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the standard of review analysis on a judicial review application? (British Columbia, Canada)
What is the appropriate standard of review for an application for judicial review of patent unreasonableness? (British Columbia, Canada)
What is the standard of review for an application for judicial review of a statutory tribunal? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
What is the standard of review applicable to an order of spousal support? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.