What is the test for using judicial review?
British Columbia, Canada
The following excerpt is from Ashlaur Trading v. HMTQ in Right of B.C., 2004 BCSC 1748 (CanLII):
The court relied on O’Reilly v. Mackman, [1983] 2 A.C. 237 in which Lord Diplock recognized that there may be exceptions to the general rule that it would be contrary to public policy and an abuse of process to allow a person seeking to establish that a decision of a public authority infringed his rights to proceed by way of ordinary action rather than by judicial review. Those exceptions should be determined on a case-by-case basis. ¶ 25 and 26.
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