What is the test for identifying the issue to be reviewed in a review hearing?

British Columbia, Canada


The following excerpt is from Murphy v. Murphy, 2015 BCSC 408 (CanLII):

It is therefore important to clearly identify the issue to be reviewed so that the party seeking a change in the order does not interpret the review hearing as a right to reargue their position on the order sought to be changed. An ambiguous review provision may present difficulties, as occurred in Leskun v. Leskun 2006 SCC 25, [2006] 1 S.C.R. 920 where Mr. Justice Binnie observed:

Other Questions


In what circumstances will a judge refuse to hear an application to review an order made by the issuing judge? (British Columbia, Canada)
Is it open to a review panel to review all matters falling under Section 63(2) if they have been rejected at the leave hearing? (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)
Is a review hearing in the superior court a de novo hearing or an appeal? (British Columbia, Canada)
What are the issues costs for a party who is substantially successful on a discrete issue or issue? (British Columbia, Canada)
How have courts interpreted Bolster Review Review Review for mixed fact and law? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
Can a adjudicator hear evidence that attacks the basis for a 24-hour prohibition issued on November 14, 2015? (British Columbia, Canada)
What is the standard of review for all issues the petitioner raises? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.