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Discretion - Consistent with the 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. . Meekis v. Ontario
In Meekis v. Ontario (Ont CA, 2021) the Court of Appeal considered the improper exercise of discretion:[86] The appellants’ core misfeasance allegation on the unlawful act element is that the respondent coroners exercised their discretion to knowingly discriminate against a class of persons which included the appellants. In my view, this may be understood as an exercise of discretion for an improper purpose. Discretion must be exercised reasonably and, as indicated, it cannot be exercised based on discriminatory considerations. Rather, it should be structured by the relevant statutory factors under the applicable legislative scheme: see, Ojeikere v. Ojeikere, 2018 ONCA 372, 140 O.R. (3d) 561, at para. 63. . Restoule v. Canada (Attorney General)
In Restoule v. Canada (Attorney General) (Ont CA, 2021) the Court of Appeal considered basics applicable to discretion:[192] In the seminal Baker decision, L’Heureux-Dubé J. noted: “The concept of discretion refers to decisions where the law does not dictate a specific outcome, or where the decision-maker is given a choice of options within a statutorily imposed set of boundaries.”[125] It is now trite law that “there is no such thing as absolute and untrammelled ‘discretion’”.[126] Where discretion is granted by statute, that discretion, said L’Heureux-Dubé J., “must be exercised in accordance with the boundaries imposed in the statute, the principles of the rule of law, the principles of administrative law, the fundamental values of Canadian society, and the principles of the Charter.”[127] These boundaries set a reasonable “margin of manoeuvre” for a decision-maker exercising discretion.[128]
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