What are the requirements for an order of mandamus?
British Columbia, Canada
The following excerpt is from Superintendent of Real Estate v Real Estate Council of B.C, 2018 BCSC 1500 (CanLII):
In Kyle v. Stewart, 2017 BCSC 522 at para. 101, MacNaughton J. noted the requirements for an order of mandamus. a) a public legal duty to act which is owed to the applicant; b) a clear right to performance of that duty, including the satisfaction of all conditions precedent giving rise to the duty, and (i) a prior demand for performance of the duty; (ii) a reasonable time given to comply with the demand unless refused outright; and (iii) a subsequent refusal which can be either express or implied; c) no other adequate remedy is available; d) mandamus will be of some practical value and effect; e) there is no equitable bar to the exercise of discretion; and f) on a balance of convenience mandamus should issue.
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