What is the standard of review for a judge's alleged failure to consider the applicable legal principles?
British Columbia, Canada
The following excerpt is from EMC Holdings Ltd. v. Low Profile Ventures Ltd., 2018 BCCA 358 (CanLII):
In respect of the judge’s alleged failure to consider the applicable legal principles, the standard of review requires that the appellant establish that the judge was incorrect: Housen v. Nikolaisen, 2002 SCC 33 at para. 8.
"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
What is the legal test for an application to compel the Court to consider a number of principles on an application? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the standard of review on an application of an application to dismiss an appeal? (British Columbia, Canada)
What is the standard of review for an application for judicial review of a statutory tribunal? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
What are the legal principles applicable to a review of a discipline hearing conducted under the rules of a voluntary association? (British Columbia, Canada)
What is the appropriate standard of review for an application for judicial review of patent unreasonableness? (British Columbia, Canada)
What is the standard of review analysis on a judicial review application? (British Columbia, Canada)
