What is the test for determining whether a court has jurisdiction or authority to issue injunctions or injunctions in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Polglase v. Polglase, 1979 CanLII 691 (BC SC):
The point was expressed in this way in the majority judgment in Tomko v. Lab. Rel. Bd. (N.S.), supra, at p. 120: “… that it is not the detached jurisdiction or power alone that is to be considered but rather its setting in the institutional arrangements in which it appears and is exercisable under the provincial legislation.”
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