What is the standard of review for discretionary orders in the context of medical malpractice?
Ontario, Canada
The following excerpt is from Costa v. Perkins, 2012 ONSC 3165 (CanLII):
In support cases, the decision in Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518 addresses the standard of review with respect to the discretionary nature of such orders. An appellate court should only substitute its decision if the order is founded upon some error in principle, a significant misapprehension of the evidence or otherwise clearly wrong.
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