Can a judicial review be granted before the proceeding of an administrative tribunal is completed?

Ontario, Canada


The following excerpt is from Stamatis v. Children’s Aid Society of Toronto, 2017 ONSC 7056 (CanLII):

In Ackerman v. Ontario (Provincial Police)[9] this court held that, in considering whether to exercise its discretion to grant judicial review before the proceeding of an administrative tribunal is completed the court should identify exceptional circumstances such as where the tribunal clearly lacks jurisdiction to proceed, where the interlocutory decision has determined a particular issue, or where the ongoing proceeding would result in an unfair hearing or a breach of natural justice. In Volochay v. College of Massage Therapists of Ontario[10] the court held that if an adequate alternative remedy was available, then the court should decline to exercise its discretion absent exceptional circumstances.

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