Is a failure to consult application properly framed as a judicial review?

British Columbia, Canada


The following excerpt is from William v British Columbia, 2018 BCSC 1425 (CanLII):

Returning to first principles, the court has made it clear that “failure to consult” applications are properly framed as judicial review proceedings under which the usual rules should apply: Beckman v. Little Salmon/Carmacks First Nation, 2010 SCC 53 at para. 47.

Other Questions


What are the standards of review applicable to a judicial review of a decision made under the Rules of Review Act? (British Columbia, Canada)
What is the standard of review for an application for judicial review of a statutory tribunal? (British Columbia, Canada)
What is the judicial review approach used by a court engaged in judicial review? (British Columbia, Canada)
What is the standard of review analysis on a judicial review application? (British Columbia, Canada)
What is the appropriate standard of review for an application for judicial review of patent unreasonableness? (British Columbia, Canada)
What is the standard of review on a judicial review of a decision of the Superintendent to uphold an IRP? (British Columbia, Canada)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
Can an application for judicial review be successful on the basis of delay? (British Columbia, Canada)
In making a preliminary determination on a judicial review application, is it appropriate for the parties to conduct a detailed legal analysis of the parties' positions? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.