Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"

In general, only the parties who had standing before the tribunal or who are directly affected by the tribunal’s decision may apply for judicial review.

The time limit to apply to the Federal Court for judicial review under section 18.1 of the ''Federal Courts Act'' is '''within 30 days after the decision or order was first communicated''', although it can be extended by the Federal Court (s 18.1(2)).  However, other federal legislation may direct different timelines.  For example, for decisions made pursuant to the ''Immigration and Refugee Protection Act'', SC 2001, c 27, appellants must look to both that statute and the ''Federal Courts Act''.  

For provincial tribunals, applicants must refer to the ''Administrative Tribunals Act'', SBC 2004, c 45 [''ATA''] and the specific statute  governing the tribunal; '''within 60 days of the issuing date of the decision''' is the default (''ATA'' s 57). Limitation periods may be extended pursuant to section 11 of the ''JRPA'' unless another enactment provides otherwise or the delay will result in substantial prejudice or hardship to another person affected.

===== Stay of Orders or Proceedings =====

While an application for judicial review is pending, existing orders from a tribunal must be obeyed, and the tribunal has the discretion to continue with the proceedings.  However, an applicant can ask the court to stay the tribunal’s order or to prohibit the proceedings from continuing.  

David Mossop et al, ''Representing Yourself in a Judicial Review'', 5th ed (Vancouver: Community Legal Assistance Society, 2015), online: <https://judicialreviewbc.ca/>.

===== Evidence =====

The primary evidence for judicial review is the tribunal’s record of the hearing.  Generally, the court does not allow new evidence to be introduced at a judicial review hearing. However, there is a narrow exception to this: a party may submit new evidence speaks to the procedural fairness or jurisdictional issue [''[https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc2549/2013bcsc2549.html?autocompleteStr=Davies%20v%20Halligan%2C%202013%20BCSC%202549&autocompletePos=1 Davies v Halligan]'', 2013 BCSC 2549].

===== Filing Fees and Indigency Applications =====

Applicants who cannot afford the filing fees for judicial review may apply for an indigency order pursuant to Rule 20-5 of the BC ''Supreme Court Civil Rules.'' Appendix C, Schedule 1 lists the fees payable to the Crown, unless otherwise provided by statute. Indigency status affords the applicant relief from all court fees and is available to those with low income and limited earning potential.  Note that the process for indigency applications is complicated.

David Mossop et al, ''Representing Yourself in a Judicial Review'', 5th ed (Vancouver: Community Legal Assistance Society,  2015), online: <https://judicialreviewbc.ca/>.