What is the appropriate remedy for a decision maker who quashes a judicial review?
Ontario, Canada
The following excerpt is from Guelph and Area Right to Life v. City of Guelph, 2022 ONSC 43 (CanLII):
As held in Canadian Broadcasting Corporation v. Ferrier, 2019 ONCA 1025, at para. 77, “where a court grants judicial review and quashes a decision, the appropriate remedy is to remit the matter back to the original decision maker to be decided in light of the court’s decision”. One exception to this principle is where remitting the matter back would be pointless because there is only one possible outcome.
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