What is the test for a policy decision not subject to review?
Ontario, Canada
The following excerpt is from Seelster Farms et al. v. Her Majesty the Queen and OLG, 2020 ONSC 4013 (CanLII):
Policy decisions were not subject to review, and immune from attracting liability if they were a “reasonable exercise of discretion”, and not “irrational or made in bad faith.” These principles were also considered in Just v. British Columbia, 1989 CanLII 16 (SCC), 1989 CarswellBC 234 (SCC) and again in Childs v. Desormeaux, 2006 SCC 18.
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