Yatar: Circumscribed Right Of Appeal Does Not Preclude Judicial Review

In Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8, the Supreme Court of Canada recently clarified that where a statute creates a circumscribed right of appeal from an administrative decision, this does not restrict judicial review of questions beyond the scope of the appeal. Practically, this means that a party may have an appeal on certain issues (e.g., questions of law) and a parallel application for judicial review on residual issues (e.g., questions of fact and mixed fact and law).¹ The judicial review application is not limited to "rare" or "exceptional" situations.

Background

Ummugulsum Yatar commenced a proceeding before the Licence Appeal Tribunal (LAT) for accident benefits following denial of her insurance claim. The LAT adjudicator dismissed her claim as time-barred, and later confirmed this decision following a request for reconsideration.