What is the test for discretionary decisions under the Privative Clause?

Alberta, Canada


The following excerpt is from Atco Electric Ltd. v. Alberta (Surface Rights Board), 2001 ABQB 806 (CanLII):

This test must also be applied to discretionary decisions, whereupon they too are reviewed on the appropriate standard of review on the spectrum (Baker v. Canada (1999), 174 D.L.R. (4th) 194 (S.C.C.)). (a) Privative Clause

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