Yatar: SCC Gives Green Light To Parallel Judicial Reviews And Appeals

Some statutes provide limited appeal rights from administrative decision-makers. A typical example is appeals that are limited to questions of law. But what happens if a party has no question of law to appeal, and their complaint is about the way an administrator answered a mixed question of law and fact, or even a pure question of fact? Do they still have the option of seeking judicial review? In Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8, the Supreme Court addressed this question, concluding that an applicant may seek judicial review for questions not dealt with in the right of appeal.

What you need to know

• Parallel statutory appeals and judicial review are permitted. A statutory right of appeal, on its own, does not restrict an applicant's ability to pursue a parallel judicial review for matters outside the scope of the appeal right. But judicial review remains a discretionary remedy.