What is the legal test for judicial review of a judge's "unfettered exercise of his unfettered" power?
Prince Edward Island, Canada
The following excerpt is from Royal Bank of Canada v. Nichols and P.E.I. Machinery Manufacturing Inc., 1987 CanLII 5440 (PE SCAD):
The commentary following Order 20, Rule 5, the progenitor of our Rule 15.02, describes the power of the judge as being the exercise of his unfettered discretion. The English case of Rodriguez v. Parker, [1966] 2 All E.R. 349 (Q.B.D.) at p. 357, adopts that commentary, thereby endowing it with judicial sanction.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for an application for judicial review? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) of the new summary judgment rule, is this a case of mixed fact and law? (Prince Edward Island, Canada)
What is the scope of appellate review of a lower court's decision on a judicial review application? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
When will an application for judicial review without costs be dismissed? (Prince Edward Island, Canada)
What is the test for a court of appeal to review the findings of a trial judge's determinations on questions of law? (Prince Edward Island, Canada)
Can a motion judge apply a principle of law or a purely legal question? (Prince Edward Island, Canada)
What is the legal test for an application to vacate a judgment by a judge? (Prince Edward Island, Canada)
What is the legal test used to determine compensation for loss of income or wages as a result of discrimination? (Prince Edward Island, Canada)
How have the courts treated testimony that the respondent mother gave to a trial judge that she would return to Canada for the sake of the children? (Prince Edward Island, Canada)
