When a judge has made an error in principle by failing to consider the relevant elements of a legal test or standard, or has erred in the application or standard?
Ontario, Canada
The following excerpt is from Leonard v. Zychowicz, 2022 ONCA 212 (CanLII):
On the other hand, where the application judge has made an error in principle, for example, by failing to consider the requisite elements of the legal test or standard, or has erred in the application of that test or standard, the court is entitled to intervene. For a recent example of such intervention, see this court’s decision in McGrath v. Joy, 2022 ONCA 119.
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