What is the standard for reviewing a discretionary decision by a judge?
Manitoba, Canada
The following excerpt is from Perth Services Ltd. v. Quinton et al., 2009 MBCA 81 (CanLII):
25 A discretionary decision such as described above is reviewed on appeal according to a highly deferential standard, often described in this way; see Elsom v. Elsom, 1989 CanLII 100 (SCC), [1989] 1 S.C.R. 1367 (at p. 1375): … [A]n appellate court will be justified in intervening in a trial judge’s exercise of his discretion only if the trial judge misdirects himself or if his decision is so clearly wrong as to amount to an injustice. ….
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