Simon looking earnest in Preveza, Greece

Simon Shields, Lawyer

Legal Guides
tenant / small claims / welfare (ontario works) / odsp / human rights / employment / consumer /
collection agencies / criminal injuries compensation / sppa (admin law)
/ line fences / animal cruelty / dogs & cats / wild animal law (all Canada) / war

home / about / testimonials / conditions of guide use
Talk to the Lawyer
Instructions

simonshields@isp.com
At 01 March 2019, after just over one year's medical leave,
Simon's law practice will re-open. Whoo-hoo ....!
- 12 February 2019

THE LATEST WORD

(what's this?)

Judicial Review - Misapprehension of Evidence

Judicial Review - Habeas Corpus

Judicial Review - Prerogative Writs

Judicial Review - Standard of Review



Judicial Review - Natural Justice


===== JUDICIAL REVIEW

------------------- Judicial Review

[3] Judicial review is a discretionary remedy. A party should exhaust his or her rights to appeal before seeking judicial review unless there are special circumstances (see Khan v. Ontario (Director of Vehicle Inspection Standards), (2004) CanLII 13078 (Div. Ct.) at paragraph 5).

-------------------------------- Judicial Review

- judicial review of private and non-statutory decisions (ie. non-JRPA judicial review): Certified General Accountants Association of Canada v. Canadian Public Accountability Board, 2008 CanLII 1536 (ON SCDC) [cite it up, and check higher court cases it relies on]

------------------------------- Judicial Review

- [9] The test on a motion such as this to quash an application for judicial review is the plain and obvious test. In Deeb v. IIROC, [2012] O.J. No. 691, Pepall J. (as she then was) in quashing a motion for judicial review stated:

32 The test on a motion to quash is whether it is plain and obvious that the application cannot succeed: Adams v. Canada, 2011 ONSC 325 (CanLII). Is it beyond doubt that the application for judicial review will fail?

- Barclays Bank PLC v. Devonshire Trust, 2013 ONCA 494 (CanLII) [party can't rely on own breach to avoid contract]


Law Society Number #37308N / Website © Simon Shields 2005-2019