What is the legal test for whether a plaintiff can bring an application for judicial review of their claim?

Alberta, Canada


The following excerpt is from Munro v. Alberta (Human Resources and Employment), 2005 ABQB 752 (CanLII):

A careful reading of the plaintiffs’ statement of claim leaves some confusion about whether their claimed relief is by way of statutory appeal or as an application for judicial review. I only make that observation without any attempt to compare the procedure involved in the two different forms of relief because I do not believe it should affect the plaintiffs’ outcome in their ability to proceed. I note that lay litigants are allowed latitude in procedural matters in presenting their claims. See for example Syvenky v. Woo, 2003 ABQB 764 at para. 16.

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