What is the standard of review on a contested confirmation of a reference?
Ontario, Canada
The following excerpt is from Turano’s Home Improvement v. Zittell, 2018 ONSC 4428 (CanLII):
The standard of review on a contested confirmation of a report from a reference is as an appeal, and not a trial de novo, (see Jordan v. McKenzie (1987), 26 C.P.C. (2d) 193). A court hearing a motion opposing confirmation of a construction lien reference report ought not to interfere with the results unless there is an error in principle, an absence of jurisdiction or a patent misapprehension of evidence.
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