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Discretion - Evidence

. Trozzi v College of Physicians and Surgeons of Ontario

In Trozzi v College of Physicians and Surgeons of Ontario (Div Court, 2024) the Divisional Court considered any relation between the exercise of judicial discretion, and weighing evidence:
[42] I am unaware of any legal discretion exercised by the tribunal in weighing evidence. The tribunal made no error in principle or in the exercise of discretion in simply performing its task to weigh evidence. Absent an error in legal principle, an appellant cannot turn an issue of fact or mixed fact and law into an error of law.

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Last modified: 06-11-24
By: admin