Thursday, February 18, 2016

Discretionary Orders and Review

Popack v. Lipszyc, 2016 ONCA 135:

[25]       The order under appeal is discretionary.  Virtually all discretionary orders involve the balancing of competing interests.  In most cases, the existence of a discretion implies that different judges can reasonably arrive at different results.  Consequently, appellate courts will defer to the exercise of discretion at first instance absent a clearly identifiable error in the application of the law, a material misapprehension of the relevant evidence, or a result that is clearly wrong in the sense that it is not defensible on an application of the relevant law to the facts:  see Penner v. Regional Municipality of Niagara (Regional Police Services Board), 2013 SCC 19, [2013] 2 S.C.R. 125, at para. 27.  

Of the Law Societies of Upper Canada and Nunavut 

No comments: