In Ash v. Chief Medical Officer of Health (Div Court, 2023) the Divisional Court sets out the test for setting aside an order [presumably under R37.14], here one quashing a JR:
[1] This is a motion to vary or set aside the order of MacEachern J. dated July 22, 2022, quashing the applicant’s application for judicial review.
[2] In order to succeed on this motion, the applicant must demonstrate that the Motion Judge committed an error of law or principle or a palpable and overriding error of fact (MacLean v. Askew, 2021 ONSC 63 at para. 9 (Divisional Court))).
The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.
