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At 01 March 2019, after just over one year's medical leave,
Simon's law practice will re-open. Whoo-hoo ....!
- 12 February 2019


(what's this?)


1. General
2. In Accordance With Law


1. General

'Discretion' in the legal sense refers to a delegated authority to make a decision as one thinks fit, usually on the part of a public authority.

2. In Accordance With Law

. CNH Canada Ltd. v. Chesterman Farm Equipment Ltd.

In CNH Canada Ltd. v. Chesterman Farm Equipment Ltd. (Ont CA, 2018) the court states the obvious point that a legally delegated discretion must be exercised in accordance with the law:
[80] 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), [1999] 2 S.C.R. 817, at paras. 53, 56; John Doe v. Ontario (Finance), 2014 SCC 36 (CanLII), [2014] 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), [2004] 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), [2009] 2 S.C.R. 678.

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