What is the scope of appellate review of a lower court's decision on a judicial review application?

Prince Edward Island, Canada


The following excerpt is from APM Construction Inc. v. Construction and General Labourers' Union, Local 1077, 1999 CanLII 18734 (PE SCAD):

The respondent relies upon the decision in Prince Edward Island Public Service Association v. Holland College (1986), 1986 CanLII 179 (PE SCAD), 60 Nfld. & P.E.I.R. 82; 181 A.P.R. 82 (P.E.I.C.A.) as authority for the proposition that an appellate court should not interfere with a reviewing judge's decision on judicial review unless the reviewing judge could not reasonably have reached the conclusion he or she did. The scope of appellate review of lower court decisions arising from judicial review applications requires clarification as I do not think this decision, which is frequently relied upon, accurately reflects what the scope of review is, or should be.

Other Questions


What is the standard of review for an application for judicial review? (Prince Edward Island, Canada)
When will an application for judicial review without costs be dismissed? (Prince Edward Island, Canada)
What is the scope of appellate review in family law matters generally and child protection cases specifically? (Prince Edward Island, Canada)
What is the test for a court of appeal to review the findings of a trial judge's determinations on questions of law? (Prince Edward Island, Canada)
What is the legal test for judicial review of a judge's "unfettered exercise of his unfettered" power? (Prince Edward Island, Canada)
What is the scope of appeal review of child support awards? (Prince Edward Island, Canada)
What is the appellate standard of review in a mixed fact matter? (Prince Edward Island, Canada)
What is the test for extending the limitation period for applying for an application to extend the time limit for application? (Prince Edward Island, Canada)
How have courts interpreted decisions in the context of municipal law? (Prince Edward Island, Canada)
What is the test for a review of a decision of patent unreasonableness? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.