What is the test for a hearing de novo?
British Columbia, Canada
The following excerpt is from Wallis v. Wallis, 2017 BCSC 93 (CanLII):
A review is a hearing de novo and the manner in which it proceeds is best described in Morneau v. Morneau, 2014 BCSC 2269 at para. 1: … This is therefore a hearing de novo and the reviewing court must make findings of fact and credibility (Morck v. Morck, 2013 BCCA 186 at para. 23).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a review hearing in the superior court a de novo hearing or an appeal? (British Columbia, Canada)
Can an employer at a pre-hearing hearing dispute a worker's testimony that it did not put to the worker during the course of her testimony? (British Columbia, Canada)
Does the Court need to hear an oral hearing on the basis of credibility? (British Columbia, Canada)
Does a de novo hearing for an application for an IPO proceed before the same judge who granted the ex-parte order? (British Columbia, Canada)
What is the test for a hearing de novo under s. 15.2 of the Divorce Act? (British Columbia, Canada)
Can an evidentiary hearing be held in the absence of a hearing? (British Columbia, Canada)
What is the standard of hearing for a hearing at the BC SPCA? (British Columbia, Canada)
What is the test for granting adjournment at a personal injury hearing? (British Columbia, Canada)
Does a judge have a duty to hear an application where the adjudicator of the application has been found in error? (British Columbia, Canada)
What is the CRT's discretion to decide the format of a hearing? (British Columbia, Canada)
