What is the standard of review for appeal against a judge’s order in a disability case?

Nova Scotia, Canada


The following excerpt is from Wittenberg v. Merks Poultry Farms Ltd., 2009 NSCA 70 (CanLII):

Where the judge’s order does not have a final or terminating effect, the court will not intervene unless wrong principles of law were applied or a patent injustice would result. Where the order under appeal has a final or terminating effect, the standard of review is whether there was an error of law resulting in an injustice. See Cooper v. Atlantic Provinces Special Education Authority, 2008 NSCA 94.

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