What is the state of the law in Ontario when it comes to determining whether an administrative officer has acted within his or her powers or within his own authority to refuse to comply with the provisions of the Civil Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from Mollohan v. Gray, 413 F.2d 349 (9th Cir. 1969):
3 However, as pointed out by the court in Schilling v. Rogers, supra at 676-677, 80 S.Ct. at 1295:
"This is not a case in which it is charged either that an administrative official has refused or failed to exercise a statutory discretion, or that he has acted beyond the scope of his powers, where the availability of judicial review would be attended by quite different considerations than those controlling here."
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