What is the standard of review of the exercise of the court’s inherent jurisdiction?
Ontario, Canada
The following excerpt is from Ziebenhaus v. Bahlieda, 2014 ONSC 138 (CanLII):
The respondents submit that the standard of review of the exercise of the court’s inherent jurisdiction should be as set out in Kostopoulos v. Jesshope, [1985] O.J. No. 2295 at para. 48 in respect of the exercise of judicial discretion. In that decision, Robins J.A. stated that “it must be shown that the discretion was exercised arbitrarily or capriciously or was based upon a wrong or inapplicable principle of law”.
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