What is the legal test for a motion to have the Court of Appeal granted certiorari?
Alberta, Canada
The following excerpt is from Voermans v. Alberta (Surface Rights Board), 1988 CanLII 3454 (AB QB):
The prerogative remedies such as certiorari, as requested here, are discretionary in nature. If there exist other adequate alternative remedies, such as an appeal, then these prerogative remedies may be refused. Factors which can be considered in such a determination include the expeditiousness and costs associated with each remedy. See the case of Harelkin v. Univ. of Regina, 1979 CanLII 18 (SCC), [1979] 2 S.C.R. 561, [1979] 3 W.W.R. 676 at 697, 96 D.L.R. (3d) 14, 26 N.R. 364 [Sask.], per Beetz J. at p. 697 and Dickson J. dissenting at p. 715.
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