What is the "exceptional case" test in Canada?
Alberta, Canada
The following excerpt is from Envision Edmonton Opportunities Society v. Edmonton (City), 2011 ABQB 29 (CanLII):
Canadian jurisprudence has recognized two general tests in Canada. One is the “exceptional case” test. The other is the “just and convenient” test, which was set out by Lord Denning in Coenen v. Payne, [1974] 2 All E.R. 1109 at 1112.
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