In what circumstances will a judge refuse to hear an application to review an order made by the issuing judge?
British Columbia, Canada
The following excerpt is from Cleaver & Walkinshaw Ltd. v. R., 1986 CanLII 1003 (BC SC):
In the present instance the issuing judge thought it more appropriate for a second judge to hear this application and declined to hear it. Wilson v. R. leaves me free to honour my brother’s decision despite the comment of Dickson J. (as he then was) in the minority decision in Wilson v. R. (which agreed in the result of the majority) “the law recognizes a general right of review of an ex parte order made by the court which made the order and preferably by the judge who made the order”.
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