What is the legal test for intervening in an application?
Manitoba, Canada
The following excerpt is from Chan v. Katz, 2013 MBCA 90 (CanLII):
An application judge’s discretionary decision is reviewed on appeal according to a highly deferential standard. We are only justified in intervening if the application judge has misdirected herself or her decision is so clearly wrong as to amount to an injustice. See Elsom v. Elsom, 1989 CanLII 100 (SCC), [1989] 1 S.C.R. 1367.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will an application be dismissed because the applicant failed to disclose sufficient particulars about her financial situation? (Manitoba, Canada)
What is the standard of review for the identification and application of the correct legal principles? (Manitoba, Canada)
Does a judge have discretion to depart from the applicable tariff on an award of costs? (Manitoba, Canada)
What is the test for an application for partition or sale? (Manitoba, Canada)
What is the legal test for validity of a will in Western Australia? (Manitoba, Canada)
What is the argument that a jury can deal with complex legal and factual issues in a civil conspiracy trial? (Manitoba, Canada)
What is the legal burden of proving the validity of a testamentary document? (Manitoba, Canada)
Can an applicant argue that an arbitrator or tribunal has not explicitly considered every argument or issue raised by the parties? (Manitoba, Canada)
What is the legal test for awarding a person with lost faculties money? (Manitoba, Canada)
In what circumstances will an application be allowed to amend the Rules of Civil Procedure? (Manitoba, Canada)
