This decision helpfully summarizes the standard of review applicable to the discretionary decision to refuse jurisdiction, and the standard of review applicable to grounds of appeal regarding a misapprehension of material evidence.
In this case, the Court of Appeal found that the Applicant failed to establish its appeal was “prima facie meritorious in considering whether the chambers judge arguably made an error of law or a palpable and overriding error in the findings of fact or exercises of discretion.