What is the proper test for determining whether the facts establish special circumstances?

Alberta, Canada


The following excerpt is from Neis v. Yancey, 1999 ABCA 272 (CanLII):

This case presents two legal issues for consideration: first, whether the functional or analytical approach is to be used; and second, the elements that might make up special circumstances. The standard of review for those two legal issues is correctness. However, the question whether the facts establish special circumstances in accordance with the test is a matter of fact finding and discretion in an interlocutory matter. The standard of review is one of reasonableness. An appellate court should be slow to interfere with such a finding unless the judge has made a significant error in principle based on a misunderstanding of the law or the evidence: Vickery v. Nova Scotia, 1991 CanLII 90 (SCC), [1991] 1 S.C.R. 671. ANALYSIS What is the proper test?

Other Questions


What is the test for determining whether the facts in a case are "egregious" or "special or egregious"? (British Columbia, Canada)
What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25? (British Columbia, Canada)
What is the test for determining whether a change in terms is a material change in circumstances? (British Columbia, Canada)
What facts are considered by the courts in determining whether a lot dimensions misrepresentation is material? (Ontario, Canada)
What is the test for determining whether a plaintiff has made all reasonable efforts to establish the identity of the driver? (Alberta, Canada)
What is the test for determining whether a plaintiff should have to pay additional special costs in a personal injury action? (British Columbia, Canada)
What is the test for determining whether a plaintiff has discovered the facts of a claim? (Saskatchewan, Canada)
What is the proper procedure for determining whether an unequal division of family assets is appropriate? (Yukon, Canada)
What is the criteria used for determining whether there is sufficient humanitarian and compassionate grounds to grant special relief? (Canada (Federal), Canada)
What is the test for determining whether a change in terms is a material change in circumstances? (British Columbia, Canada)