What is the test for supervision of an administrative structure where the purpose of supervision is to balance the interests of parties against one another?

Nova Scotia, Canada


The following excerpt is from DRL Environmental Services v. AGNS, 2004 NSSC 245 (CanLII):

Quoting once again from Pushpanathan v. Canada (para. 36): “Where the purposes of the statute and the decision-maker are conceived not primarily in terms of establishing rights as between parties, or as entitlements, but rather as a delicate balance between different constituencies, then the appropriateness of court supervision diminishes . . . some problems require the consideration of numerous interests simultaneously, and the promulgation of solutions which concurrently balance benefits and costs for many different parties. Where an administrative structure more closely resembles this model, courts will exercise restraint.”

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