In Irene Starr v. Intact Insurance Company (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a SABS JR (not an appeal), here brought against a dismissal a LAT appeal of a denial of "an application for a determination that she was catastrophically impaired under Criterion 7 of the Schedule".
Here the court briefly considered the court's sole where a JR is brought in a 'question-of-law only' context [under the Yatar doctrine]:
[16] Pursuant to Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8, the existence of a right of appeal limited to questions of law does not, in itself, amount to a discretionary bar nor preclude an application for judicial review for questions of fact or mixed fact and law. The Court must determine at a minimum whether judicial review is appropriate, and if it is not, may refuse to hear the application on its merits or to grant a remedy.
[17] The issues raised in this application are questions of fact or mixed fact and law, making judicial review appropriate. The standard of review on the application for judicial review with respect to findings of fact and mixed fact and law, is reasonableness: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65.
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