What is the standard of review for a review application brought before a division of the court?
British Columbia, Canada
The following excerpt is from Lungu v. British Columbia (Human Rights Tribunal), 2016 BCCA 136 (CanLII):
A review application brought before a division of the court under s. 9(6) of the Act does not provide an opportunity for a rehearing of the original chambers application. The standard of review is whether the justice sitting in chambers was wrong in law, wrong in principle, or misconceived the facts. In the absence of such an error, the court will not interfere with the chambers judge’s exercise of discretion: DeFehr v. DeFehr, 2002 BCCA 139 at para 6.
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