What are the standards for determining whether a judge erred in law in respect of a collateral and improper purpose?
British Columbia, Canada
The following excerpt is from Oei v. Hui, 2020 BCCA 214 (CanLII):
The second standard relates to our task, which is to determine whether the judge erred in law in respect of the first Fleming element of the tort – a collateral and improper purpose. This question attracts the standard of correctness: Housen v. Nikolaisen, 2002 SCC 33.
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