What is the legal test to determine whether a judge has jurisdiction to consider an application for leave of execution?
British Columbia, Canada
The following excerpt is from R. v. Moore, 2014 BCPC 135 (CanLII):
As Justice Toy in our province said, in Diamonti v. The Queen, (1982) 61 C.C.C (2d) 482 at 488, the issue is procedural and necessarily incidental to the powers of any trial judge to consider this type of application.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What is the test the Court will apply in determining whether a person can apply for leave of execution? (British Columbia, Canada)
What are the factors that a judge must consider in determining the best interests of the child in a custody application? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the legal test for a judge's decision on a leave application? (British Columbia, Canada)
What is the legal test used to determine whether an arbitrator has jurisdiction to enforce an order or enforce compliance? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
What is the test for a judge to determine whether the judge was primarily concerned with the welfare of Justice? (British Columbia, Canada)
What is the standard of review for a judge's alleged failure to consider the applicable legal principles? (British Columbia, Canada)
