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ARTICLE · 09 MARCH 2017

When Can Judicial Review Of A Tribunal's Decision Include A Tribunal's Other Decisions?

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When can a court review a tribunal's decisions, other than the decision under review, in determining whether the decision should be subject to a remedy on judicial review?

CanadaLitigation, Mediation & Arbitration

When can a court review a tribunal's decisions, other than the decision under review, in determining whether the decision should be subject to a remedy on judicial review? This question arises from the recent Supreme Court of Canada decision on the standard of review of a tribunal's decision, Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd, 2016 SCC 47 [Capilano], in which the court stated, at paragraphs 37–38:

When procedural fairness requires a tribunal to provide some form of reasons, a complete failure to do so will amount to an error of law (Newfoundland and Labrador Nurses' Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 (CanLII), [2011] 3 S.C.R. 708, at paras. 20–22).

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