What is the effect of the Court of Appeal's decision not to uphold a motion for sexual assault against a police community support officer?
British Columbia, Canada
The following excerpt is from GMC Properties Inc. v. Rampart Estates Ltd., 2022 BCCA 92 (CanLII):
In part, the appeal is from the exercise of discretion, which is entitled to considerable deference on appeal. The exercise of discretion will only be reversible on appeal where the court misdirected itself, came to a decision that is so clearly wrong that it amounts to an injustice, or gave no or insufficient weight to relevant considerations: Penner v. Niagara Regional Police Services Board, 2013 SCC 19 at para. 27.
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