What is the test for a motion of no confidence in the Superior Court of Justice?
Saskatchewan, Canada
The following excerpt is from Hasper v. Shauer, 1921 CanLII 213 (SK QB):
In Halsbury, vol. 20, p. 740, the law is laid down as follows: The right which accrues to the representee, on discovery of the real facts, is, in the first instance, a right of choice or election only. Such a right, when once exercised, is exhausted; whence it follows that, if by express notice, or impliedly by conduct, the representee elects to affirm, he can never afterwards claim to avoid; citing, Clough v. L. & N.W. Ry. (1871) L.R. 7 Ex. 26, 41 L.J. Ex. 17.
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