What is the test for a panel to review a decision of a judge in chambers?
British Columbia, Canada
The following excerpt is from McLachlan v. Trident Foreshore Lands Ltd., 2010 BCCA 184 (CanLII):
It is well settled that a review of the decision of a judge in chambers by a panel of the court is not a rehearing of the original application. The test for review is: was the chambers judge wrong in law, or wrong in principle, or did the chambers judge misconceive the facts. If the chambers judge did not commit any of those errors then the division of the court in review should not change the order of the chambers judge: DeFehr v. DeFehr, 2002 BCCA 129 at para. 6.
"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
Does a judicial review decision by a chambers judge who failed to take the necessary steps to review a decision by the chambers judge? (British Columbia, Canada)
What is the effect of a chambers judge's decision not to refer the matter to the Registrar rather than the chambers judge? (British Columbia, Canada)
What is the standard of review applied by an appellate court reviewing a decision of a trial judge concerning matters of custody and access? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the test for reviewing a decision of a chamber’s judge? (British Columbia, Canada)
What are the reasons for judgment of the chambers judge in chambers striking a plaintiff’s claim for punitive damages? (British Columbia, Canada)
What is the test for reviewing a decision-making power of a body in the context of constitutional review analysis? (British Columbia, Canada)
Does the Court have any authority to interfere with the decision of a chambers judge? (British Columbia, Canada)
What is the role of this court on an application for review an order of a judge in chambers? (British Columbia, Canada)
