Can the court exercise parens patriae jurisdiction in circumstances where the legislation does not contain a provision in which the courts have jurisdiction?
Ontario, Canada
The following excerpt is from Zaman v. Khan, 2009 CanLII 12127 (ON SC):
Some of the authorities suggest that the court can exercise its parens patriae jurisdiction if there is a gap in the legislation, or if the facts suggest that such a scenario is not contemplated by the legislation (see: Johnson v. Athimootli, [2007] O.J. No. 3788).
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