What is the test for determining whether a plaintiff’s rights can be trampled upon in the name of the public good?
British Columbia, Canada
The following excerpt is from Sutherland v Attorney General of Canada, 2001 BCSC 1024 (CanLII):
In Mandrake Management Consultants v. T.C.C., Galligan J.A. supra, page 24, observed: …while private rights cannot be trampled upon in the name of the public good, where an essential public service is involved the factor of the utility of the defendant’s conduct must not be disregarded. Indeed, I think it must be given substantial weight.
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