What is the legal test for a judicial review?

British Columbia, Canada


The following excerpt is from Young v. Saanich Police Department, 2003 BCSC 926 (CanLII):

I propose to begin by setting out the applicable standards of review. A judicial review is not the same as an appeal. It is limited here to determining whether the decision makers, in this case the arbitrators, acted strictly within the powers that have been delegated to them under the RTA. Judicial review focuses almost entirely on jurisdictional issues. Jurisdictional defects may include, for example, bias or reasonable apprehension of bias, not considering relevant matters, making serious procedural errors or, in some circumstances, making an error of law. A discussion of most of these general principles may be found in Mikami v. Ambrozewicz, 2000 BCSC 1116.

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 judicial review approach used by a court engaged in judicial review? (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 legal test on judicial review? (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 for an application for judicial review of a statutory tribunal? (British Columbia, Canada)
What is the legal test for judicial review of a 24-hour driving prohibition? (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)
What is the standard of review for a judicial review of a decision of an adjudicator confirming a roadside driving prohibition? (British Columbia, Canada)
What is the standard of review analysis on a judicial review application? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.