What is the test for mandamus?

Manitoba, Canada


The following excerpt is from R. v. Mayen, 2014 MBQB 29 (CanLII):

Mandamus is an extraordinary remedy that arises from the inherent jurisdiction of a superior court. In the context of criminal law its purpose is to compel an inferior court to hear a matter where it has refused to do so. Like most other prerogative remedies, mandamus is discretionary and will not be granted if another adequate remedy exists. This may be a right of appeal or access to a procedure in another forum. (See Kipp v. Attorney-General (Ontario), 1964 CanLII 20 (SCC), [1965] S.C.R. 57)

Other Questions


What is the test for a "compensatory spousal support" award? (Manitoba, Canada)
What factors must be considered in determining whether a plaintiff has met the objective of meeting all four objectives? (Manitoba, Canada)
What is the impact of a long-term marriage breakdown on a family law case? (Manitoba, Canada)
What is the effect of section 28 of the Bankruptcy and Insolvency Code on a bankruptcy proceeding? (Manitoba, Canada)
What is the testator’s mental capacity and what is the burden of rebutting the presumption? (Manitoba, Canada)
How have courts interpreted the confession rule? (Manitoba, Canada)
What is the test for a violation of section 15 of the Canadian Civil Code? (Manitoba, Canada)
What is the meaning of a development agreement? (Manitoba, Canada)
What is the common law duty of a municipal corporation to keep its highways free of nuisance? (Manitoba, Canada)
What is the required undertaking of a fiduciary? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.