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ARTICLE · 22 DECEMBER 2023

Different Party, Different Risks: Managing Expectations And Risks In Judicial Reviews

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Courts do not have a "monopoly on adjudication"1 in an administrative state. Rather, administrative decision-makers make decisions daily that have a significant impact...

CanadaLitigation, Mediation & Arbitration
Andrew Bernstein
Andrew Bernstein
David Outerbridge
David Outerbridge
Yael Bienenstock
Yael Bienenstock
Jeremy Opolsky
Jeremy Opolsky
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Courts do not have a “monopoly on adjudication”1 in an administrative state. Rather, administrative decision-makers make decisions daily that have a significant impact on the lives of Canadian individuals and businesses. However, their powers are not unlimited. As the Federal Courts have explained, “all holders of public power are to be accountable for their exercises of power, something that rests at the heart of our democratic governance and the rule of law”2. In the case of administrative agencies, this accountability is through judicial review. Although judicial review can be a powerful tool, it raises risks and strategic considerations for all participants.

Strategy and risk in judicial review

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