Rarotonga, 2010

simonshields@isthatlegal.ca

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Judicial Review

Judicial review is a long-standing legal remedy that stands at the heart of the judiciary's role in our society. It is the essence of the s.96-constitutional role of Superior Court. Historically legislatures have tried to limit, or even abolish, it with privative clauses - but the rule of the courts has prevailed, and so it must.

In legal practice the possibility of judicial review arises whenever one wishes to challenge an act of government, a government agent or a tribunal, and there is no statutory appeal. There is even some law that renders private organizations subject to judicial review.

Prerogative Writs
Judicial Review - Standard of Review
Judicial Review - Prematurity
Judicial Review - Quashing
Judicial Review - Delay
Judicial Review - Remedies
Role of the Judicial Review Procedure Act and the Divisional Court
Judicial Review - Public versus Private
Judicial Review - Fresh Evidence
Judicial Review - Fresh Law

Judicial Review Standard of Review (pre-Vavilov)
Vavilov
Judicial Review Standard of Review (post-Vavilov)


Cases to do
- Certified General Accountants Association of Canada v. Canadian Public Accountability Board, 2008 CanLII 1536 (ON SCDC) [JR of private bodies, complex]

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