What is the test for error of jurisdiction?

Nova Scotia, Canada


The following excerpt is from Bowater Mersey Paper Co. Ltd. v. Communications, Energy and Paperworkers Union of Canada, 2002 NSSC 198 (CanLII):

A broad error of jurisdiction occurs where the question answered by the decision making entity was within its jurisdiction to determine, but the interpretation was so patently unreasonable that its construction cannot be rationally supported and demands intervention by a court. See CUPE v. City of Montreal, 1997 CanLII 386 (SCC), [1997] 1 S.C.R. 793.

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