Legal Word of the Day: “Judicial Review”

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“Judicial Review” — A procedural oversight process, to determine whether a decision-maker exceeded its statutory mandate or breached principles of procedural fairness in reaching a decision.

The Judicial Review court can issue orders for: mandamus, prohibition or certiorari. It can make declarations, or issue injunctions, or both.

Judicial Reviews are not appeals. They allow a superior court to exercise its supervisory role over government actions, and actions taken by bodies to which government has delegated administrative powers — after avenues for appeal have been exhausted.

Depending where the decision was made, Judicial Reviews can be conducted by Ontario Divisional Court, Superior Court of Justice, the Federal Court, or the Federal Court of Appeal.

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