Judicial Review Applications

These complex proceedings are where an administrative body or an administrative decision-maker (acting pursuant to statutory authority) are alleged to have delivered a decision without observing procedural fairness or alleged to have delivered a decision that is untenable at law.

These administrative decisions can come from various government-created bodies: public tribunals, boards, officers, or other public decision-makers, and the judicial review process is where the courts oversee these administrative decision-makers to make sure that their decisions are legal and within their given powers.[1]  

Decisions of a private entity cannot be judicially reviewed and the appropriate course of action is through civil litigation.  Depending on the administrative body making the decision, a judicial review of that decision may proceed in either the Divisional Court, the Superior Court of Justice, the Federal Court, or the Federal Court of Appeal. 

In very general terms, the types of decisions that may be subject to judicial review include decisions dealing with labour and employment, immigration, human rights, energy and telecommunications, and those made by the majority of self-regulating professions. 

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[1] https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiG5ZeMmpbrAhXKHM0KHRIBCTUQFjAAegQIARAB&url=https%3A%2F%2Fwww.dentons.com%2F~%2Fmedia%2F6A50B4EA1BE842B59833656CE134E30A.ashx&usg=AOvVaw2Ju-iQixgE3bGxuS9tAgcw

  • Judicial Review of education-related decisions

  • Judicial Review of labour and employment-related decisions

  • Judicial Review of immigration-related decisions

  • Judicial Review of human rights-related decisions

  • Judicial Review of energy and telecommunications-related decisions

  • Judicial Review of self-regulating profession-related decisions