What is the standard of conduct of a reviewing judge in the context of a confirmation hearing?
British Columbia, Canada
The following excerpt is from Costain v. British Columbia (Superintendent of Motor Vehicles), 2012 BCSC 1426 (CanLII):
The reviewing judge should not be overly fastidious. As Melvin J. stated in Larose v. British Columbia (Superintendent of Motor Vehicles), 2000 BCSC 325, 20 Admin. L.R. (3d) 288, at para. 28, a reviewing court must not “minutely dissect any particular sentence in the reasons in isolation with a view to subjecting it to criticism to such a degree that it would constitute an error in law and justify the quashing of the confirmation.”
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