Does a judge have discretion to depart from the normal rule?

Nova Scotia, Canada


The following excerpt is from Brannan v. Exxon Mobil Corporation, 2009 NSCA 53 (CanLII):

A judge has discretion to depart from the normal rule provided there is a principled reason for the departure: Smith v. Michelin, at ¶ 63 and cases there cited.

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