What is the test for a judge of "competent jurisdiction" to determine what remedy is appropriate and just in a particular case?
British Columbia, Canada
The following excerpt is from Henry v. British Columbia (Attorney General), 2014 BCCA 15 (CanLII):
First, the language of the grant is broad. As McIntyre J. observed, “[i]t is difficult to imagine language which could give the court a wider and less fettered discretion”: Mills v. The Queen, 1986 CanLII 17 (SCC), [1986] 1 S.C.R. 863, at p. 965. The judge of “competent jurisdiction” has broad discretion to determine what remedy is appropriate and just in the circumstances of a particular case.
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