What is the remedy for breach of statutory duty by a public authority?
British Columbia, Canada
The following excerpt is from Kikla v. Ayong, 2016 BCSC 465 (CanLII):
The conventional remedy for breach of statutory duty by a public authority is judicial review for invalidity: see Holland v. Saskatchewan, 2008 SCC 42, at para. 9. No action for damages may be maintained against a regulatory authority exercising its statutory powers, either in relation to the fairness of the authority’s processes, or to the basis for its decisions. Such claims constitute collateral attacks upon the authority’s decision-making powers, and may be struck as an abuse of process under sub-rule 9-5(1)(d).
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