What is the standard of review of an application for leave to appeal?
Alberta, Canada
The following excerpt is from Alberta (Municipal Affairs) v. TransCanada Keystone Pipeline Limited Partnership, 2011 ABQB 460 (CanLII):
Although the merits of an appeal are not considered on an application for leave, the issue of whether an appellant has a reasonable chance of success on judicial review is closely linked to the standard of review a reviewing court would apply. In Gendron v. Calgary (City) 2009 ABCA 367 the following statement appears in para. 15: I am not satisfied, however, that the appeal has a reasonable chance of success. In making that assessment it is common to consider the standard of review likely to be applied to the issues in relation to which leave to appeal is sought.
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