Is a review hearing in the superior court a de novo hearing or an appeal?
British Columbia, Canada
The following excerpt is from R. v. Lee, 2007 BCSC 2001 (CanLII):
There appears to be a difference of opinion in the authorities as to whether a review hearing in the superior court is a de novo hearing or an appeal. The authorities and applicable principles are usefully reviewed by Romilly J. in HMTQ v. Aulakh et al, 2003 BCSC 740. I share the view expressed in those reasons that it is not particularly useful to focus on one or the other of these two approaches for both taken in isolation miss the mark.
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