Does the standard of review need to be reformulated to permit appellate intervention in cases where the award is substantially lower or higher than the range?
British Columbia, Canada
The following excerpt is from Reavie v. Heaps, 2008 BCSC 1038 (CanLII):
Furthermore, in Redpath v. Redpath, 2006 BCCA 338, Newbury J.A. observed at ¶42 that: Now that they [Advisory Guidelines] are available to provide what is effectively a "range" within which the awards in most cases of this kind should fall, it may be that if a particular award is substantially lower or higher than the range and there are no exceptional circumstances to explain the anomaly, the standard of review should be reformulated to permit appellate intervention.
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