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Judicial Review - Main Procedural Option [JRPA 2(1)]

1. Jurisdiction

The notice of application for judicial review shall normally be made to the Divisional Court [JRPA 6(1); R68.01(1), Form 68A].

2. Venue and Dating of Notice of Application

The notice of application shall name the place of commencement, which shall be:
. "(i)f a statute or rule requires a proceeding to be commenced, brought, tried or heard in a particular county, ... a court office in that county", and that county shall be named in the notice of application [R38.03(1), R13.1.01];

. if the application need not be commenced in a particular county, then "the proceeding may be commenced at any court office in any county named in the originating process" [R38.03(2)].
If the application is to be heard in person, it shall be heard where it was commenced, or transferred [under R13.1.02, R38.03(1.1)]. "A notice of application shall state that the application is to be heard on a date to be fixed by the registrar at the place of hearing" [R68.03].

"If the application is made to the Divisional Court and is not commenced at a regional centre, the local registrar in the place where it is commenced shall forthwith transfer a copy of the notice of application and of any material filed in support of the application to the court office in the regional centre of the region where the application is to be heard, and all further documents in the application shall be filed there" [R68.01(2)].

"At any place where no practice direction concerning the scheduling of applications is in effect, an application may be set down for hearing on any day on which a judge is scheduled to hear applications" [R38.03(2)]. "If a lawyer estimates that the hearing of the application will be more than two hours long, a hearing date shall be obtained from the registrar before the notice of application is served" [R38.03(3)]. "An urgent application may be set down for hearing on any day on which a judge is scheduled to hear applications, even if a lawyer estimates that the hearing is likely to be more than two hours long" [R38.03(3.1)].

3. Contents of Notice of Application

The Notice of Application [Form 68A] shall state [R38.04]:

(a) the precise relief sought;
(b) the grounds to be argued, including a reference to any statutory provision or rule to be relied on; and
(c) the documentary evidence to be used at the hearing of the application.
4. Issuance, Service and Filing

The notice of application is issued before it is served by "the registrar’s act of dating, signing and sealing it with the seal of the court and assigning to it a court file number" [R38.05. R14.07].

The (now-issued) notice of application "shall be served on all parties" "at least ten days before the date of the hearing of the application, except where the notice is served outside Ontario, in which case it shall be served at least twenty days before the hearing date" [R38.06(1,3)].

"Where it appears to the judge hearing the application that the notice of application ought to have been served on a person who has not been served, the judge may [R38.06(2)]:
. dismiss the application or dismiss it only against the person who was not served;
. adjourn the application and direct that the notice of application be served on the person; or
. direct that any judgment made on the application be served on the person.
"(W)here there is uncertainty whether anyone else should be served, the applicant may make a motion without notice to a judge for an order for directions" [R38.06(1)].

"The notice of application shall be filed with proof of service at least seven days before the hearing date" [R38.06(4)].

5. Counter Application

In the case of a counter-application against the applicant and/or another person, the counter-application shall be brought at the same place and time, unless the court orders otherwise [R38.03(4)].

6. Powers of the Court on Application

On hearing the application the judge may [R38.10(1-3)]:
. grant, adjourn or dismiss the application in whole or part, with or without terms;

. order that the whole application proceed to trial as an action, and give such directions as are just; or

. order that any issue proceed to trial, optionally as an action, with necessary adjournment.
7. Other Procedures

Further Rules of Civil Procedure are set out as follows:
. service and filing of the respondent's notice of appearance [R38.07],

. Perfection (application record, factum and transcript) and certificate of perfection [R68.04-R68.05],

Perfection

. Record [JRPA 10 - Record to be filed in court]

Record

. Abandonment of the application [R38.08],

. Dismissal for delay [R68.06-R68.07]

. Pre-hearing confirmation and consultation of application [R38.09.1],

. Set-aside motions for ex parte or non-appearance judgments [R38.11], and

. Striking documents [R38.12, R25.11].



R38 - Applications - Jurisdiction and Procedure
R68 - Proceedings for Judicial Review
Judicial Review Procedure Act



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