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Judicial Review - Dismissal for Delay

. Savic v. College of Physicians and Surgeons of Ontario

In Savic v. College of Physicians and Surgeons of Ontario (Div Ct, 2021) the Divisional Court set out the criteria for dismissing a judicial review application for delay:
[41] As held by this Court in The Canadian Chiropractic Association v. Dr. Barry McLellan, Coroner, 2011 ONSC 6014, at para. 14, “[j]udicial review is an extraordinary equitable and discretionary remedy which can be denied in the face of excessive delay”.

[42] The test developed by this court for determining whether an application for judicial review should be dismissed for delay is as follow:
a. Has the delay been excessive?

b. Is there a reasonable explanation for the delay?

c. Is there prejudice arising from the delay?

See Canadian Chiropractic Association, at para. 15.

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