What is the current state of the law in Canada on the issue of adequate alternative remedy?

Saskatchewan, Canada


The following excerpt is from Whatcott v. Saskatchewan Assn. of Licensed Practical Nurses, 2003 SKQB 3 (CanLII):

The leading case on this issue is Harelkin v. University of Regina, 1979 CanLII 18 (SCC), [1979] 3 W.W.R. 676 (S.C.C.) which establishes the doctrine of the “adequate alternative remedy” as a bar to judicial review. The existence of an adequate alternative remedy is held to constitute a bar because judicial review is a discretionary remedy. Thus, if an adequate alternative method of securing justice for the parties is available it ought to be accessed.

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