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  • discretion accounts for 3 out of 812 casebriefs.

Style of causeRatio

Braglin v Braglin, 2002 ABQB 816

A determination of whether occupation rent is payable is context-specific and discretionary. In this case, no occupation rent required. This is a discretionary remedy: therefore occupation rent may apply in other situations.

Cadbury Schweppes Inc v FBI Foods Ltd, [1999] 1 SCR 142

Breach of confidence is a hybrid cause of action drawing on both equity and common law. Therefore judges have discretion in formulating remedies.

Roncarelli v Duplessis, [1959] SCR 121

There is no such thing as absolute discretion in public law. Discretion must always be exercised in accordance with statutory purpose.