Simon's Megalomaniacal Legal Resources

Civil Litigation - Orders - R59.06 Set-Asides - Standard of Review

. Segura Mosquera v. Child and Family Services Review Board

In Segura Mosquera v. Child and Family Services Review Board (Div Court, 2023) the Divisional Court considers the SOR when 'reviewing' (here, on a set aside motion) a R2.1 order to dismiss a JR as frivolous:

Standard of Review of the Dismissal Order

[19] A decision made under r. 2.1 is discretionary and, as such, is entitled to deference. Discretionary decisions may be set aside where the court misdirects itself or comes to a decision that is so clearly wrong that it amounts to an injustice: Penner v. Niagara (Regional Police Services Board), 2013 SCC 19, [2013] 2 S.C.R. 125, at para. 27; Khan v. Law Society of Ontario, 2020 ONCA 320, 446 D.L.R. (4th) 575, at para. 10, leave to appeal to S.C.C. refused, 39321 (January 28, 2021).