What is the standard of review on an application of an application to dismiss an appeal?
British Columbia, Canada
The following excerpt is from Olenga v. ICBC, 2007 BCCA 256 (CanLII):
The standard of review on an application of this kind was stated by McEachern C.J.B.C. in Frew v. Frew (1990), 44 C.P.C. (2d) 34 (B.C.C.A.) at 36: In my view, the determination whether an appeal should be dismissed in such circumstances is not truly a matter of discretion. It was a matter of judgment to be applied to the circumstance of the case. The learned chambers judge who heard the matter, in his judgment, thought that the appeal should be dismissed and that is the order he made. It is my view that we should not interfere with that decision unless we are satisfied that the chambers judge was wrong in the legal sense and not merely that he exercised a discretion incorrectly. I am not persuaded that he erred in his disposition of the matter.
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