What is the burden on a person seeking a discretionary remedy?
Newfoundland and Labrador, Canada
The following excerpt is from Sequence Bioinformatics Inc. v. Health Research Ethics Authority for Newfoundland and Labrador, 2019 NLSC 21 (CanLII):
Our Court of Appeal, in Quigley v. Torbay (Town), 2010 NLCA 3 stated, at paragraph 15, that: … The burden is upon the person who seeks one of the prerogative remedies – discretionary remedies of last resort – to satisfy the court that there is no adequate alternative remedy. …
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