Sentences with phrase «faith exercise of the discretion»
Policy Decisions: No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against,
http://mccagueborlack.com/ Not exact matches
[48] The court did confirm, however, an HPRB exercise of discretion will be patently unreasonable if it is (a) exercised arbitrarily or in bad faith, (b) exercised for an improper purpose, (c) based entirely or predominantly on irrelevant factors, or (d) fails to take statutory requirements into account.
As an aside, on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»).
Court held that where a duly constituted community association board, upon reasonable investigation and in good faith, exercises discretion within the scope of its authority under the relevant statutes, courts should defer to the board's authority and presumed expertise.
The court confirmed that s. 58 of the Administrative Tribunals Act applied to the HPRB, such that a court would not interfere with findings of fact or law, or an exercise of discretion by the HPRB, unless patently unreasonable, e.g., where discretion is exercised arbitrarily or in bad faith, for an improper purpose, based on entirely or predominantly irrelevant factors, or fails to account for statutory requirements.