What is the test for remedial discretion?
Saskatchewan, Canada
The following excerpt is from Coulthard v. Coulthard, 1952 CanLII 187 (SK CA):
The court, in relieving against an irregularity, or in exercising remedial discretion, is not bound by hard and fast rules or precedents, but may exercise its powers in the light of the facts and circumstances surrounding each particular case: Eggerson v. Smith (1913) 1913 CanLII 145 (SK QB), 5 WWR 579, 6 Sask LR 150, 26 WLR 198; In re Price (1912) 1912 CanLII 146 (SK QB), 2 WWR 394, 5 Sask LR 318, 21 WLR 299.
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