Does the standard of review change in 1990 with amendments to the Legal Profession Act?

British Columbia, Canada


The following excerpt is from Taylor, Bardal & Dorchester v. Leask, 1999 CanLII 859 (BC SC):

The question of whether the standard of review changed in 1990 with amendments to the Legal Profession Act was discussed in Belding v. Davis & Co. [1995] B.C.J. No. 1333 (Q.L.) (B.C.S.C.). There, Kirkpatrick J. reviewed decisions that considered whether there was a change and concluded at para. 14: The effect of those decisions suggests that there has been little or no change in the standard of review to be exercised by a judge hearing the appeal from the decision of a registrar under s. 72 [now s. 81]. The tests applied by reviewing courts continue to be whether or not there has been ‘error on a matter of principle’ or whether or not the registrar was ‘clearly wrong.’ Consequently, while a judge on appeal has the right to reverse findings of fact, that will only be done in exceptional cases, having due regard to the registrar's opportunity to observe and assess the credibility of witnesses.

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