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Administrative Law - Remedies

. Skof v. Bordeleau

In Skof v. Bordeleau (Ont CA, 2020) the Court of Appeal highlighted the important point that the Judicial Review Procedures Act (JRPA) countenances actions (eg. lawsuits for damages) in addition to the normal judicial review:
V: Judicial Review

[21] On this point, the motion judge appears to have been of the view that the issues here could be addressed only by judicial review. As result, in his view, the appellant was not entitled to bring an action for such relief but, rather, had to pursue an application for judicial review to the Divisional Court. This led the motion judge to strike out the appellant’s action.

[22] With respect, the motion judge erred in so concluding. Assuming that the appellant’s action constitutes a claim for judicial review, there is nothing in the Judicial Review Procedure Act that precludes an aggrieved party from seeking relief by way of an action. Indeed, the Judicial Review Procedure Act contemplates that very possibility because it refers, in s. 8, to actions that seek relief in the nature of judicial review, and provides that a judge of the Superior Court of Justice can deal with such actions summarily, or can treat the action as an application for judicial review and refer it to the Divisional Court. I would note, on this point, that one reason why an aggrieved party might choose to bring an action, as opposed to an application for judicial review, is that in the former, unlike the latter, damages can be sought.
Note: The section of the JRPA referred to [s.8] reads:
8. Where an action for a declaration or injunction, or both, whether with or without a claim for other relief, is brought and the exercise, refusal to exercise or proposed or purported exercise of a statutory power is an issue in the action, a judge of the Superior Court of Justice may on the application of any party to the action, if he or she considers it appropriate, direct that the action be treated and disposed of summarily, in so far as it relates to the exercise, refusal to exercise or proposed or purported exercise of such power, as if it were an application for judicial review and may order that the hearing on such issue be transferred to the Divisional Court or may grant leave for it to be disposed of in accordance with subsection 6 (2).


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