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Types of Applications
Compel Action (Mandamus)
If you have been waiting for a government decision longer than the normal processing time, or the government is refusing to do something you have requested, you can bring an application for judicial review seeking the remedy of mandamus, which is to compel the government to do something that it has a legal duty to do.
Overturn a Decision (Certiorari)
If a government agency denies an application you made, or a tribunal rules against you, you can bring an application for judicial review seeking to overturn the decision and have it redetermined by the decision maker in accordance with the court’s reasons. This is known as certiorari.
Courts with Jurisdiction
Federal Courts
The Federal Courts have exclusive jurisdiction to review the actions and decisions of federal boards, commissions, and administrative tribunals. This includes any body or person exercising powers under federal law. Most federal government decisions must be challenged in the Federal Court. However, some matters must be brought in the Federal Court of Appeal.
Provincial Superior Courts
The superior courts of each province have inherent jurisdiction to hear any matter that is not specifically assigned to another level of court. This includes hearing applications for judicial review of provincial government actors. Provincial superior courts may have specialized branches to hear applications for judicial review. For example, in Ontario an application must be brought to the Divisional Court.
The content of this website is provided for informational purposes only and should not be taken as legal advice. You should consult a lawyer and obtain advice specific to your particular circumstances before taking any action on a legal matter.