What is the standard of review under s. 21(5) of the Courts of Justice Act?

The standard of review on a hearing under s. 21(5) is not well settled. In Marsden v. The Queen, 2012 ONSC 6118 (Div. Ct.) para. 2 the motion panel held that “a panel will not interfere with a decision of the motions judge unless he or she has made an error of law or a palpable and overriding error of fact”. On the other hand, it is arguable that no standard of review analysis is required under s. 21(5) of the Courts of Justice Act because it is not an appeal from the decision of the motions judge, but simply a reconsideration. The language of s. 21(5) suggests the panel is hearing the matter de novo. If that is so, no deference would be required.