What is the test for a review application brought before a division of the court under s. 9(6) of the Criminal Code Act?
British Columbia, Canada
The following excerpt is from Seattle Environmental Consulting Ltd. v. Workers’ Compensation Board of British Columbia, 2017 BCCA 386 (CanLII):
A review application brought before a division of the court under s. 9(6) of the Act does not provide an opportunity for a rehearing of the original chambers application. The standard of review is whether the justice sitting in chambers was wrong in law, wrong in principle, or misconceived the facts. In the absence of such an error, the court will not interfere with the chambers judge’s exercise of discretion: DeFehr v. DeFehr, 2002 BCCA 139 at para. 6.
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