Can a judge of first instance erred in her exercise of the exercise of her first instance?
British Columbia, Canada
The following excerpt is from Tracy v. Instaloans Financial Solutions Centres (B.C.) Ltd., 2007 BCCA 481 (CanLII):
The issue can also be formulated as a question of whether the judge of first instance erred in the exercise of her discretion in that no weight or not sufficient weight has been given to relevant considerations: Friends of the Old Man River Society v. Canada (Minister of Transport), 1992 CanLII 110 (SCC), [1992] 1 S.C.R. 3 at 76-77.
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