What is the test for a rehearing on review of an interim custody and access order?
British Columbia, Canada
The following excerpt is from J.N. v. L.G., 2015 BCSC 2603 (CanLII):
In granting leave to appeal, Mr. Justice Goepel identified the divergent views regarding the appropriateness of a rehearing on review of an interim custody and access order that has pervaded case law since Thibeault v. Ravelo, [1999] B.C.J. No. 1457. In that case, Mr. Justice Meiklem considered the Abermin test in relation to a master's interim order on appeal and held as follows:
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