What is the "just and convenient" test for determining whether the exceptional case test no longer applies?

Alberta, Canada


The following excerpt is from Envision Edmonton Opportunities Society v. Edmonton (City), 2011 ABQB 29 (CanLII):

The “just and convenient” test is generally seen as a more lenient test than the “exceptional case” test: Ratcliffe at para. 8 and Hynes v. Westfair Foods Ltd., 2008 BCSC 637 at para. 33. This suggests that if the exceptional case test no longer applies, this court should adopt the “just and convenient” test.

Other Questions


What is the test to determine whether a claim can be conveniently heard and determined by a jury? (Alberta, Canada)
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
What is the test for a jury to determine whether a trial can be conveniently conducted by a jury? (Alberta, Canada)
What is the legal test for a surgeon to determine whether a patient’s hypothetical choice to refuse treatment should be based solely on the testimony of the patient at trial? (Alberta, Canada)
What are the principles used to determine whether a fiduciary relationship exists? (Alberta, Canada)
What is the legal test for determining whether a question of mixed fact and law is correct or palpable and overriding error? (Alberta, Canada)
What is the test for a judge to determine whether or not to divide a husband and wife's assets equally? (Alberta, Canada)
What is the test for determining whether an occupier of a building is liable for damage caused to a plaintiff's property by an electrical shock? (Alberta, Canada)
What is the test for determining whether a defendant has a right to a speedy trial when there has been a long delay? (Alberta, Canada)
What is the test for determining whether a defendant is liable for any injuries caused or contributed to by their negligence? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.