What is the legal test for judicial discretion in a discretionary decision?
Newfoundland and Labrador, Canada
The following excerpt is from Canada Post Corporation v Snook, 2015 NLCA 49 (CanLII):
Because the decision under appeal is a discretionary decision, the standard of appellate review is a deferential one. But the discretion is not unfettered and is reviewable. Any judicial discretion must always be exercised according to proper legal principle. In Langor v. Spurrell …, I described the zone of appellate intervention in a discretionary decision of a trial or applications judge this way:
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