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Roger Townsend's  Legal Resources





The Six Point Test.

"In order for mandamus to lie, or an order in the nature of mandamus to lie, there must be,

First of all, standing, a sufficient legal interest in the parties making the application.

Secondly, There must also be no other legal remedy, equally convenient, beneficial and appropriate.

Thirdly, there must be a duty to the applicant by the parties sought to be coerced to do the act requested.

Fourthly, the duty owed must not be one of a discretionary nature, but may be established either at common law, or by statute.

Fifthly, the act requested to be done must be required at the time of the application, not at some future date.

Sixthly, there must be a request to do the act and that request must have been refused."

[Rogers, J.; Rawdon Realties Ltd. v. Rent Review Commission (N.S.) (1982), 56 N.S.R.(2d) 403,405.]

A practising lawyer in Nova Scotia sets forth his commentaries on recent civil cases in Nova Scotia


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