As judicial resources become scarce, provincial governments are
looking evermore to administrative tribunals to adjudicate
disputes.
The delegation of decision-making power away from the Courts
comes with benefits and burdens. On the one hand, having matters
decided by expert tribunals promotes the efficient resolution of
matters, as well as access to justice. On the other hand, not
having matters decided by the Courts has an impact on substantive
justice and the rule of law. As a result, the judicial review of
administrative action has become a key aspect of Canadian
jurisprudence.
In many ways, judicial review is very much its own creature.
Those litigators who have represented clients at the tribunal level
may not have the necessary experience to deal with a review of that
decision in Divisional Court.
