What is the test for exercising discretion in a personal injury case?
Alberta, Canada
The following excerpt is from Miller v. Joynt, 2007 ABCA 214 (CanLII):
On the other hand, discretion must be exercised judicially. In particular, it must be based on evidence and not on speculation. “[I]f the judge has ... ignored conclusive or relevant evidence, has misunderstood the evidence, or has drawn erroneous conclusions from it” appellate intervention is required: Toneguzzo-Norvell v. Savein, 1994 CanLII 106 (SCC), [1994] 1 S.C.R. 114, 162 N.R. 161 at para. 13.
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