What is the obligation of a society to determine the financial or other requirements for providing a service under the Mental Health Act?
British Columbia, Canada
The following excerpt is from Mountain v. Legal Services Society, 1983 CanLII 605 (BC SC):
The society's obligation to determine the financial or other requirements means that the society has a discretion. If that discretion extends beyond determining the financial or other reasons for providing the service under the Act (for example: a discretion to set criteria which would limit or eliminate the service to those enumerated in subs. (2)), then mandamus would not be available to the petitioner. "Before mandamus can issue there must be a duty, without discretion, upon the person or body against whom the order is directed to do the very thing ordered": Vardy v. Scott (1976), 1976 CanLII 154 (SCC), 34 C.R.N.S. 349, 28 C.C.C. (2d) 164, 66 D.L.R. (3d) 431 at 437, 8 N.R. 91, 9 Nfld. & P.E.I.R. 245 (S.C.C.).
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