What is the standard of review of a motion judge's decision not to interfere with the decision of the motion judge?

Manitoba, Canada


The following excerpt is from Delichte v. Rogers, 2012 MBCA 105 (CanLII):

5 The standard of review of these issues is clear. A court of appeal should not interfere in the decision of the motion judge in the absence of a material error, a serious misapprehension of the evidence or an error of law. See Van de Perre v. Edwards, 2001 SCC 60, [2001] 2 S.C.R. 1014. In this case, the motion judge was also the trial judge. He is familiar with the history of these parties, had heard all the evidence and read all the material over a significant period of time.

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