Does a party have to exhaust their rights to appeal before seeking judicial review?

Ontario, Canada


The following excerpt is from Khoury v. Criminal Injuries Compensation Board, 2009 CanLII 63597 (ON SCDC):

Judicial review is a discretionary remedy. A party should exhaust his or her rights to appeal before seeking judicial review unless there are special circumstances (see Khan v. Ontario (Director of Vehicle Inspection Standards), (2004) CanLII 13078 (Div. Ct.) at paragraph 5).

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