In considering this appeal it is important that there be kept in mind the principles upon which a superior court may exercise its power of supervision over an inferior court or tribunal As to prohibition, Lamont, J., in Segal v. Montreal (City) 1931 CanLII 82 (SCC),  SCR 460, 56 CCC 114, affirming 46 Que KB 375, said at p. 471: “The principles governing the right to a writ of prohibition have been pretty well established, although in certain cases it is difficult to draw a sharp line between lack or excess of jurisdiction which gives the right, and the improper exercise of jurisdiction which gives no right. The first question which a judge has to ask himself, when he is invited to exercise a limited statutory jurisdiction, is whether the case falls within the defined ambit of the statute; if it does not, his duty is to refuse to make an order as judge; and, if he makes an order, he may be restrained by prohibition. Davey, L.J. in Farquharson v. Morgan  1 QB 552, 63 LJQB 474.”
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