What is the test for appeal against an interlocutory order that has been granted by the Court of Appeal?
British Columbia, Canada
The following excerpt is from Marcangelo de Cotiis v. Viam Holdings Ltd., 2005 BCCA 57 (CanLII):
With respect to the merits of the proposed appeal, it must be recognised that the order the applicants wish to appeal is a discretionary one. This Court would generally not interfere with an interlocutory order made in the exercise of discretion unless the discretion was not exercised judicially, or was exercised on a wrong principle, Yang v. Yang, 2000 BCCA 486.
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