In Metropolitan Preparatory Academy Inc v. Ontario (Div Court, 2022) the Divisional Court held that cabinet financial allocation decisions were non-justiciable, here in a judicial review context:
[19] Policy considerations at Cabinet are not reviewable in this court absent jurisdictional error, a constitutional challenge, bad faith or irrationality: Dixon v. Canada (Governor in Council), 1997 CanLII 6145 (CAF), [1997] 3 FC 169, para. 17 (CA); Thorne’s Hardware Ltd. v. R., 1983 CanLII 20 (SCC), [1983] 1 SCR 106, para. 9; Ontario Federation of Anglers and Hunters v. Ontario (2002) 2002 CanLII 41606 (ON CA), 211 DLR (4th) 741 (Ont. CA); Brazeau v. Canada (Attorney General), 2020 ONCA 184, para. 61; Mackin v. New Brunswick (Minister of Finance); Rice v. New Brunswick, 2002 SCC 61, paras. 25-26.
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