Does the prematurity principle mean that a judicial review petition will not be heard before a tribunal has rendered its final decision?
British Columbia, Canada
The following excerpt is from Diaz-Rodriguez v. British Columbia (Police Complaint Commissioner), 2020 BCCA 221 (CanLII):
Generally, a court will not hear a judicial review petition before a tribunal has rendered its final decision: ICBC v. Yuan, 2009 BCCA 279 at para. 24. The prematurity principle is aimed at letting the tribunal get on with its work, and preventing fragmented and piecemeal proceedings with all the attendant costs and delays associated with premature forays into court. The principle is also aimed at avoiding the waste associated with hearing an interlocutory judicial review when the applicant for judicial review may ultimately succeed at the end of the administrative process.
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