What is the test applied by the court on an application seeking to change the order of a chambers judge?

British Columbia, Canada


The following excerpt is from Richard v. H.M.T.Q. (British Columbia), 2008 BCCA 53 (CanLII):

The test applied by the court on such an application was set out by Lambert J.A. in Haldorson v. Coquitlam (City) (2000), 149 B.C.A.C. at paras. 6-7, 2000 BCCA 672: It comes to this: that the review hearing is not a hearing of the original application as if it were a new application brought to a division of the court rather than to a chambers judge, but is instead a review of what the chambers judge did against the test encompassed by asking: was the chambers judge wrong in law, or wrong in principle, or did the chambers judge misconceive the facts. If the chambers judge did not commit any of those errors, then the division of the court in review should not change the order of the chambers judge.

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