What is the test for bringing a challenge to the interpretation or application of legislation?

Nova Scotia, Canada


The following excerpt is from Rudderham v Scotian Materials Ltd., 2017 NSSC 330 (CanLII):

The following statements by Laskin C.J.C. in Borowski v. Canada (Minister of Justice), 1981 CanLII 34 (SCC), [1981] 2 SCR 575, are apt: 4. I start with the proposition that, as a general rule, it is not open to a person, simply because he is a citizen and a taxpayer or is either the one or the other, to invoke the jurisdiction of a competent court to obtain a ruling on the interpretation or application of legislation, or on its validity, when that person is not either directly affected by the legislation or is not threatened by sanctions for an alleged violation of the legislation. Mere distaste has never been a ground upon which to seek the assistance of a court. Unless the legislation itself provides for a challenge to its meaning or application or validity by any citizen or taxpayer, the prevailing policy is that a challenger must show some special interest in the operation of the legislation beyond the general interest that is common to all members of the relevant society. …

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