Can the Court of Appeal intervene in a discretionary decision?
Ontario, Canada
The following excerpt is from Aquam Corporation v. Coffey, 2019 ONSC 7218 (CanLII):
Appellate intervention in a discretionary decision is also appropriate where the lower court gives no or insufficient weight to relevant considerations: Friends of the Oldman River Society v. Canada (Minister of Transport), 1992 CanLII 110 (SCC), [1992] 1 S.C.R. 3, at pp. 76-77.
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