Rarotonga, 2010

simonshields@isthatlegal.ca

Online Lawyer (Ontario)

Most Popular
Contracts / Torts / Evidence / Limitations / Tenant Plus / welfare (ontario works) / odsp / human rights / employment / consumer / COVID Litigation / CRB LAW
ADMINISTRATIVE LAW | SPPA / SMALL CLAIMS / SUPERIOR COURT / APPEALS / JUDICIAL REVIEW

home / about / Little Friends Lefkada (Greece) / testimonials / E-Colleagues / Conditions of Use

What does
Simon Say
about
my case?

Discretion

'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.

. Bell Canada v. British Columbia Broadband Association

In Bell Canada v. British Columbia Broadband Association (Fed CA, 2020) the Federal Court of Appeal considered one indicia of fettering discretion:
[157] ... An administrative decision-maker fetters the exercise of their discretion by relying exclusively on an administrative policy without regard to the law (Stemijon Investments Limited v. Canada (Attorney General), 2011 FCA 299, 475 N.R. 341, at paragraphs 24 and 60).
. Ontario (Labour) v. Cobra Float Service Inc.

In Ontario (Labour) v. Cobra Float Service Inc. (Ont CA, 2020) the Court of Appeal sets out the standard of review for discretionary decisions:
[18] Discretionary decisions attract a high level of deference on appeal. Appellate courts will only intervene where there is a clearly identifiable legal error, a material misapprehension of the relevant evidence, or a result that is clearly wrong in the sense that it is not defensible on the relevant law and facts: Popack v. Lipszyc, 2016 ONCA 135, 129 O.R. (3d) 321, at para. 25.
. 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.


CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.