What is the test for a motion judge to make a different decision on a motion?
Ontario, Canada
The following excerpt is from E.C. v. P.A., 2022 ONSC 1163 (CanLII):
8. The test is not whether the appellate court would have made a different decision but whether the motions judge based the exercise of discretion on an error of principle or was clearly wrong: Van v. Palombi at para 5.
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