Discretion - Legality
CNH Canada Ltd. v. Chesterman Farm Equipment Ltd. (Ont CA, 2018)
The Court of Appeal commented as follows on the doctrine of discretion:
 As explained above, an appeal from a Tribunal decision under s. 5 of the Farm Implements Act is limited to questions of law. As with all discretionary decisions, the Tribunal’s discretion to award costs must be exercised in accordance with the law: see generally, Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699 (SCC),  2 S.C.R. 817, at paras. 53, 56; John Doe v. Ontario (Finance), 2014 SCC 36 (CanLII),  2 S.C.R. 3, at para. 52. If the Tribunal makes an error in principle or the award is clearly wrong, appellate intervention may be warranted: see Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 (CanLII),  1 S.C.R. 303, at para. 27; Kerry (Canada) Inc. v. DCA Employees Pension Committee, 2007 ONCA 416 (CanLII), at paras. 170-71, aff’d Nolan v. Kerry (Canada) Inc., 2009 SCC 39 (CanLII),  2 S.C.R. 678.