Top 5 Questions To Ask Before Seeking Judicial Review

Judicial review is the process by which an applicant challenges a statutory power of decision, made by a tribunal or other government actor, in Court.

Governed in Ontario by the Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the "JRPA"), applications for judicial review typically ask the Court to:

• quash the administrative decision (certiorari);
• prohibit the decision-maker from taking further steps (prohibition); and / or
• compel the decision-maker to do something under its governing legislation (mandamus).

Below is a list of some of the most important considerations an applicant should weigh in deciding whether to pursue judicial review in the Ontario Divisional Court.