What is the standard of review for an order under R. 9-5(1)?
British Columbia, Canada
The following excerpt is from Scott v. Canada (Attorney General), 2017 BCCA 422 (CanLII):
It should also be noted that an order under R. 9-5(1) is a discretionary order for which deference must be given absent an error of law or principle or a failure of the judge to consider or weigh all of the relevant circumstances. The standard of review for discretionary orders was summarized by Chief Justice Finch in Stone v. Ellerman, 2009 BCCA 294, 92 B.C.L.R. (4th) 203, leave to appeal ref’d [2009] S.C.C.A. No. 364 in this manner:
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