What is the test for judicial review of preliminary decisions of an administrative tribunal?

British Columbia, Canada


The following excerpt is from A and B obo Infant A v. School District C (No. 4), 2018 BCHRT 24 (CanLII):

Judicial review of preliminary decisions of an administrative tribunal should only be entertained in exceptional circumstances: ICBC v. Yuan, 2009 BCCA 279, para. 22. When determining whether such exceptional circumstances exist, I have considered whether the demands of justice and efficiency weigh in favour of early intervention by the courts: Yuan, para. 24.

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