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Judicial Review - Prematurity (3)

. Xanthopoulos v. Canada (Attorney General)

In Xanthopoulos v. Canada (Attorney General) (Fed CA, 2022) the Federal Court of Appeal considered prematurity in the bringing of a judicial review:
[4] At paragraph 16 of his reasons, the Motion Judge noted "“the well-established principle that, absent exceptional circumstances, a party must exhaust all adequate remedial administrative processes before resorting to a judicial remedy.”" In support of this principle, he cited Forner v. Professional Institute of the Public Service of Canada, 2016 FCA 35 at para. 13; and Canada (Border Services Agency) v. C.B. Powell Limited, 2010 FCA 61 at paras. 30-31. To these authorities might now be added the recent decision in Dugré v. Canada (Attorney General), 2021 FCA 8 at paras. 34-37. Paragraph 37 of Dugré described this principle as "“next to absolute.”"


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