Simon's Megalomaniacal Legal Resources

Judicial Review - No Development of New Law Possible in Judicial Review

. Khodykin v. Canada (Attorney General)

In Khodykin v. Canada (Attorney General) (Fed CA, 2024) the Federal Court of Appeal dismisses a JR from a Social Security Tribunal (Appeal Division) decision that denied EI benefits.

Here the court makes an interesting (and questionable) limiting point on the development of the common law - and stare decisis - in a JR context, presumably due to it's 'inability' to determine legal issues - only 'reasonableness':

[12] The applicant also submits that the common law test of misconduct must evolve. However, this issue is not available on this judicial review which is subject to reasonableness review (Francis v. Canada (Attorney General), 2023 FCA 217 at para. 14).