What is the legal test for judicial review of an interlocutory decision?
Ontario, Canada
The following excerpt is from Lentini v. Belleville Police Services Board, 2021 ONSC 6108 (CanLII):
Judicial review is a discretionary remedy, and courts are reluctant to intervene, through judicial review, in the course of an ongoing administrative proceeding, absent exceptional circumstances (Ackerman v. Ontario Provincial Police, 2010 ONSC 910 (Div. Ct.) at paras. 18-19; Volochay v. College of Massage Therapists of Ontario, 2012 ONCA 541 at para. 68). Intervention to review interlocutory decisions or to review decisions when there are adequate alternative remedies for review that have not been exhausted can cause delay and fragmentation in the administrative process.
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