In an appeal of an interlocutory discretionary decision by a motion judge refusing an agency's request for production of electronic communications, does the court have to intervene?
Manitoba, Canada
The following excerpt is from D. L. v. Child and Family All Nations Coordinated Response Network, 2014 MBCA 86 (CanLII):
In an appeal of an interlocutory discretionary decision, this court will not interfere with the decision absent misdirection by the motion judge or unless his 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 at 1375). Intervention is necessary in this case as the judge misdirected himself on the law in refusing the agency’s request for production of the electronic communications.
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