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JR - Not Applicable to Superior Courts Decisions. Kostiuk v. Liu
In Kostiuk v. Liu (Div Court, 2024) the Divisional Court noted that judicial reviews may not be used to challenge Superior Court decisions:[4] Ms. Liu, who is self-represented, initially commenced an Application for Judicial Review on June 10, 2024. On June 11, 2024 I sent a direction to the parties which included the following:One preliminary issue that is immediately apparent from the Notice of Application for Judicial Review is that the Applicant is seeking to judicially review the decision of a Superior Court Judge. The Corts have previously determined that the Divisional Court does not have jurisdiction to entertain an application for judicial review of a Superior Court Judge, see: Bevan v. Ontario Society for the Prevention of Cruelty to Animals, 2006 CanLII 10140 (ON CA), at para. 8, and 1147335 Ontario Inc. v. Thyssen Krupp Elevator, 2012 ONSC 4139, at para. 10. Decisions of Superior Court may be appealed to the Divisional Court or the Court of Appeal depending on the nature of the Order to be appealed and whether leave to appeal must first be obtained: see sections 6 and 19 of the Courts of Justice Act.
The Applicant is encouraged to obtain legal advice to ensure that she has chosen the correct process to appeal from the decision of Justice Verner. [5] See also 9383859 Canada Ltd. v. The Court of Appeal for Ontario, 2023 ONSC 5344, at para. 10, per Schabas J:The Divisional Court, over which the Court of Appeal exercises appellate jurisdiction, has no jurisdiction to judicially review decisions of a “superior court of record”, but only those of an “inferior court”: Judicial Review Procedure Act, RSO 1990, c. J.1, s. 1.
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