Does the Larosa air of reality test apply in a non-Charter context?
British Columbia, Canada
The following excerpt is from United States v Heatherington, 2019 BCSC 82 (CanLII):
Thus, the Larosa air of reality test applies in a non-Charter context. This test represents a “restrictive approach” to disclosure, such that a disclosure order in an extradition hearing context will be a “rare situation”: Rosenau at paras. 56, 59-60. Disclosure will be ordered where further disclosure will reveal that the evidence in the ROC is defective or manifestly unreliable and therefore insufficient to support committal: Rosenau, at para. 62; United States of America v. Guevara-Mendoza, 2018 BCCA 55 at paras. 14-18, 39.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the Kropp principles been applied in the context of a foreign corporate plaintiff? (British Columbia, Canada)
How has Housen been applied in the administrative law context? (British Columbia, Canada)
What is the test to apply on an application for security for costs in the context of an appeal? (British Columbia, Canada)
How does the doctrine of mootness apply in the context of personal injury cases? (British Columbia, Canada)
What is the test to apply in the context of sexual assault cases? (British Columbia, Canada)
Does the phrase "moral duty" in the context of maintenance and support apply to the purpose of meeting the need of the surviving spouse and children? (British Columbia, Canada)
Does the law of trespass still apply in the context of a commercial parking agreement? (British Columbia, Canada)
Does the interpretation of s. 93(1)(a)(ii) of the BCSC 2455 of the Statutory Regulation of Motor Vehicles apply in the context of a limitation in the meaning of the limitation in s.93(1)? (British Columbia, Canada)
Does the doctrine of promissory estoppel apply in the context of an Order to Pay for cleaning expenses? (British Columbia, Canada)
What is the test the Court will apply in determining whether a person can apply for leave of execution? (British Columbia, Canada)
