What factors will be considered by the Court of Appeal in determining whether to exercise discretionary authority?
Nova Scotia, Canada
The following excerpt is from McIntyre v. McNeil Estate, 2010 NSSC 135 (CanLII):
Section 5 of the Act outlines the factors which are to be considered when determining whether the court should exercise its discretionary authority. A discretionary power is one which must be exercised according to rules of reason and justice, and not according to private opinion. It must be exercised within a rational framework: Walker v. Walker Estate, supra, paras. 58-61.
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