Why A Right Of Appeal May Not Preclude Judicial Review

Canadian Courts have ample discretion to oversee a challenge to a tribunal decision through judicial review.

In Ontario, this discretion is codified under the Judicial Review Procedure Act, R.S.O. 1990, c.J.1 (the "JRPA").

The ability of a Court to grant relief on judicial review exists "despite any right of appeal" under section 2(1) of the JRPA.

A recent decision of the Supreme Court of Canada, Yatar v. TD Insurance Meloche, 2024 SCC 8, gives legal heft to the Court's ability to engage in judicial review, despite limited appeal rights set out in the governing statute.

Yatar recognizes that a Court may hear a parallel judicial review application on questions of mixed fact and law or on question of fact, where a claimant's appeal rights are restricted to questions of law.