There are no shortcuts to judicial review: judicial review will not be available where there is an adequate alternative remedy. A limited right of appeal from decisions of an administrative body to the Court constitutes an adequate alternative remedy

21. December 2021 0
Administrative law – Decisions reviewed – Condominium Authority – Strata corporations – Jurisdiction of court – Judicial review – Applications – Premature – Jurisdiction – Alternative remedies Peel Standard Condominium Corp. No. 779 v. Rahman, [2021] O.J. No. 6105, 2021 ONSC 7113, Ontario Superior Court of Justice, October 28, 2021, F.B. Fitzpatrick, S.T. Bale and ...

Court found the applicant failed to exercise all available remedies available to him under the legislative scheme and dismissed the judicial review accordingly

17. April 2018 0
Administrative law – Decisions of administrative tribunals – Conflict of interest – Judicial intervention – Remedies – Alternative remedies – Statutory provisions Obouhov v. Lunn, [2018] O.J. No. 630, 2018 ONSC 772, Ontario Superior Court of Justice, February 6, 2018, H.J. Wilton-Siegel, F.L. Myers and R. Charney JJ. This case considers the issue of prematurity ...

Court granted public standing to a First Nation’s representative in a judicial review of Yukon Coroner’s decision not to conduct an inquest

24. November 2016 0
The Chief Coroner of Yukon brought an application to remove the Little Salmon Carmacks First Nation (LSCFN) from an application for judicial review brought by LSCFN on its own behalf and on behalf of Ms. Theresa Blackjack.  The LSCFN and Ms. Theresa Blackjack were seeking judicial review of the Coroner’s decision not to conduct an ...

Judicial review may not be utilized where an adequate alternative remedy, such as a statutory right of appeal, has not been exhausted prior to judicial review proceedings being taken

22. December 2015 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Municipalities – By-laws – Nuisance – Continuing contravention – Extension of time – Appeals – Remedies – Alternative remedies – Judicial review – Delay – Limitation of actions Moyer v. Corman Park No. 344 (Rural Municipality), [2015] S.J. No. 513, 2015 SKQB 281, Saskatchewan ...

The applicant is a staff sergeant of the Royal Canadian Mounted Police (RCMP). After a few attempts to advance his career, he received a letter from the RCMP Commissioner saying that he would not be appointed to any commissioned rank and that he should consider leaving the Force. The staff sergeant applied for judicial review, asking that the Commissioner be directed to reconsider the matter in accordance with the reasons of the Court. The application was allowed, and the Court determined that the Commissioner’s letter was subject to judicial review, as the power to recommend candidates for appointment or promotion was public in nature, and the Commissioner was exercising a public power that could not be shielded from review. Although the Commissioner’s decision attracted only a minimal degree of procedural fairness, even this was not met as there was nothing in the record that suggested the applicant had notice or an opportunity to respond. The Commissioner’s decision was unreasonable. He circumvented the disciplinary process and it was not open for the Commissioner to revisit a former incident and substitute his own judgment for that of statutory adjudication board. The Commissioner’s decision was set aside with a direction requiring the Commissioner to do as much as possible to enable the applicant’s promotion and not withhold consent once a position was available.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Police Commission – Royal Canadian Mounted Police – Employment law – Appointment – Labour law – Disciplinary grievances – Judicial review – Procedural requirements and fairness – Privilege and immunity – Standard of review – Reasonableness simpliciter – Remedies – Alternative remedies Boogaard v. Canada (Attorney General), ...

The New Brunswick Court of Queen’s Bench dismissed the applicant physician’s judicial review application regarding a preliminary decision made by the College of Physicians and Surgeons. The Court declined to exercise its supervisory jurisdiction over the matter since it found that the complainant had adequate alternative remedies available to him under the Medical Act and failed to exhaust those before seeking judicial review. In respect of an evidentiary issue that was raised at the outset, the Court ruled that letters of complaint from patients underlying the proceedings between the College and the physician were inadmissible in the judicial review record because they were protected by privacy and privilege as per section 71.2(2) of the Medical Act.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation – Evidence – admissibility – Remedies – Alternative remedies Cockeram v. College of Physicians ...

Application for judicial review of decision of Professional Conduct Tribunal of Certified General Accountants’ Association of Ontario convicting the applicant of professional misconduct

Administrative law – Decisions of administrative tribunals – Certified General Accountants – Accountants – Disciplinary proceedings – Investigations – Judicial review – Natural justice – Procedural requirements and fairness – Jurisdiction – Failure to provide reasons – Judicial review application – Premature – Remedies – Alternative remedies Voudouris v. Certified General Accountants’ Assn. of Ontario, [2014] ...

Police officer’s appeal of dismissal of his application for judicial review was dismissed on the ground that a jurisdictional error, in and of itself, doesn’t constitute an exceptional circumstance justifying judicial intervention regarding an interlocutory decision

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Police – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Notice – Judicial review application – Premature – Jurisdiction – Remedies – Alternative remedies Black v. Canada (Attorney General), [2013] F.C.J. No. 1001, 2013 FCA 201, Federal Court of Appeal, September ...

Applicant unsucessfully applied for a judicial review of two reports of findings of the Office of the Privacy Commissioner of Canada. The Court determined that the applicant had a more appropriate remedy by applying to the Federal Court for a compliance order or award of damages.

Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure of records – Production of records – Judicial review – Jurisdiction of court – Remedies – Alternative remedies Kniss v. Canada (Privacy Commissioner), [2013] F.C.J. No. 56, 2013 FC 31, Federal Court, January 15, 2013, ...

The Court of Appeal held that the College’s failure to provide sufficient notice to a registrant regarding a complaint against him did not constitute a breach of procedural fairness as the College’s duty is only invoked once an inquiry lawfully begins. Further, there were no exceptional circumstances which justified a judicial review while the registrant had an alternate, statutory remedy which he declined to exercise.

25. September 2012 0
Administrative law – Decisions of administrative tribunals – College of Massage Therapists – Massage Therapists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Judicial review – Availability – Jurisdiction – Compliance with legislation – Natural justice – Procedural requirements and fairness – Notice requirements – Appeals – Remedies – Alternative remedies ...