Can a privative clause exclude curial review of questions of law but not questions of jurisdiction?
British Columbia, Canada
The following excerpt is from Lorne W. Camozzi Co. Ltd. v. International Union of Operating Engineers, Local 115, 1984 CanLII 701 (BC SC):
Such a privative clause is competent to exclude curial review of questions of law but not questions of jurisdiction. It cannot be left to a provincial statutory tribunal to determine the limits of its own jurisdiction without appeal or review (Crevier v. A.G. Que. (1981), 1981 CanLII 30 (SCC), 127 D.L.R. (3d) 1, 38 N.R. 541 (S.C.C.)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a privative clause sufficient to remove the judiciary's power to review actions and decisions of administrative bodies for compliance with the constitutional capacities of the government? (British Columbia, Canada)
What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
How have courts interpreted Bolster Review Review Review for mixed fact and law? (British Columbia, Canada)
Is a Superintendent's Review based upon a written record based upon the Superintendent’s Review? (British Columbia, Canada)
What is the test for reviewing a decision-making power of a body in the context of constitutional review analysis? (British Columbia, Canada)
What is the test for ending spousal support under a review clause in a separation agreement? (British Columbia, Canada)
Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract? (British Columbia, Canada)
Does the standard of review apply to a review of a Workers’ Compensation Appeal Tribunal decision to which the decision was patently unreasonable? (British Columbia, Canada)
What is the standard of review of questions of law and findings of fact? (British Columbia, Canada)
In what circumstances will the BCSC review the applicable standard of review apply to a point of law arising in interlocutory proceedings? (British Columbia, Canada)
