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Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"
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Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 22:40, 29 November 2022
, 22:40, 29 November 2022→b) Judicial Review Procedure
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A party applying for judicial review must first determine whether the Federal Court or a provincial superior court has the authority to decide on the matter. As a general rule, provincial jurisdiction includes tribunals established within provincial constitutional jurisdiction and tribunals created by the province due to a delegation of powers by the federal government. | A party applying for judicial review must first determine whether the Federal Court or a provincial superior court has the authority to decide on the matter. As a general rule, provincial jurisdiction includes tribunals established within provincial constitutional jurisdiction and tribunals created by the province due to a delegation of powers by the federal government. | ||
:(1) Federal Court | :'''(1)''' Federal Court | ||
:When considering judicial review of federal tribunals, look at both the ''Federal Courts Act'', RSC 1985, c F-7, and the particular tribunal’s governing statute. Often the governing statute sets out important limitation periods and procedures. | :When considering judicial review of federal tribunals, look at both the ''Federal Courts Act'', RSC 1985, c F-7, and the particular tribunal’s governing statute. Often the governing statute sets out important limitation periods and procedures. | ||
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:The procedures for a federal judicial review are set out in s 18.1 of the ''Federal Courts Act''. | :The procedures for a federal judicial review are set out in s 18.1 of the ''Federal Courts Act''. | ||
:(2) Provincial Superior Courts | :'''(2)''' Provincial Superior Courts | ||
:A tribunal under provincial jurisdiction can be reviewed upon application to a judge in the BC Supreme Court. The procedural rules are described in the ''BC Supreme Court Civil Rules'', BC Reg 168/2009, available in the Acts, Rules & Forms section of the BC Supreme Court website: [http://www.courts.gov.bc.ca/supreme_court www.courts.gov.bc.ca/supreme_court]. | :A tribunal under provincial jurisdiction can be reviewed upon application to a judge in the BC Supreme Court. The procedural rules are described in the ''BC Supreme Court Civil Rules'', BC Reg 168/2009, available in the Acts, Rules & Forms section of the BC Supreme Court website: [http://www.courts.gov.bc.ca/supreme_court www.courts.gov.bc.ca/supreme_court]. | ||
