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.

Other Questions


Is there an error of law or jurisdiction in a trial judge's decision not to issue a search warrant for a fishing trawler? (Nova Scotia, Canada)
What is the palpable and overriding error by a judge on appeal against a finding of palpable error? (Nova Scotia, Canada)
What is the palpable and overriding error of a judge at the Court of Appeal? (Nova Scotia, Canada)
Does a judge have jurisdiction to require a mother to relocate to a particular community in order to continue to have primary care of the children? (Nova Scotia, Canada)
What is the current state of the law in this jurisdiction on Richter Assessment and Richter Analysis? (Nova Scotia, Canada)
What is the jurisdiction of a court to hear an action under the provisions of the Partition Act? (Nova Scotia, Canada)
What is the standard of review for appeal where a ground of appeal raises an error of law? (Nova Scotia, Canada)
What is the standard of review of an issue of jurisdiction? (Nova Scotia, Canada)
Does a delay in seeking spousal support, even if it is an extensive delay, negate the jurisdiction of the court to award support? (Nova Scotia, Canada)
Does the Court have jurisdiction to stay a claim? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.