Government agencies, tribunals, and administrative bodies make decisions that can significantly affect individuals, businesses, and organizations. When those decisions are unreasonable, procedurally unfair, or outside the authority granted to the decision-maker, judicial review may be the appropriate remedy.
While not all unfavourable decisions are reviewable, many are. If you believe a decision was unfair or flawed, we can assess whether judicial review is a viable and strategic option.
At Nihang Law, we represent clients seeking to challenge administrative decisions through judicial review applications in Ontario’s Divisional Court and Federal Court. We also defend against judicial review challenges where appropriate. Our team has the experience to navigate these procedurally technical and time-sensitive matters with precision and effectiveness.
What Is Judicial Review?
Judicial review is a legal process through which a court supervises the decisions of administrative bodies (such as tribunals, boards, or government officials) to ensure those decisions comply with the law. It is not an appeal; the court does not re-hear the case or substitute its judgment. Rather, it reviews whether the original decision was within jurisdiction, fair, and reasonable based on the evidence and the applicable law.
Judicial review is often sought after decisions made by bodies such as the Immigration and Refugee Board, Human Rights Tribunal of Ontario, Labour Relations Board, Municipal Councils, Landlord and Tenant Board (in limited cases), Canada Revenue Agency, Professional Colleges, and professional regulators.
The process is highly technical and governed by strict deadlines (usually 30 days from when the decision was communicated), making it critical to act quickly and consult experienced legal counsel.
Comprehensive Services for Judicial Review
Nihang Law provides representation in judicial review matters, including:
Review of Administrative Decisions
We act for clients seeking to challenge administrative decisions that affect rights, entitlements, or reputations. This includes immigration, labour, employment, human rights, municipal, and licensing decisions.
Grounds for Judicial Review
We assess whether there are legal grounds to seek judicial review, such as:
- Unreasonable findings or outcomes
- Violation of procedural fairness (e.g., no hearing, biased decision-maker)
- Errors of law or fact
- Acting beyond jurisdiction or authority
Preparation and Filing of Materials
We prepare comprehensive judicial review applications, including notices, affidavits, records, and legal arguments. Given the strict formatting and procedural requirements, professional preparation is essential.
Motions for Stay or Interim Relief
Where the administrative decision has immediate consequences (e.g., removal from Canada, license suspension), we seek urgent court orders to stay enforcement pending review.
Representation in Divisional Court and Federal Court
Our litigation team advocates before Ontario’s Divisional Court and the Federal Court of Canada, depending on the jurisdiction of the administrative decision-maker.
Defending Against Judicial Review Applications
We also represent government bodies, employers, and decision-makers in responding to applications and defending their decisions under applicable legal standards.
Appeals and Next Steps
If the court finds the original decision to be unreasonable or procedurally unfair, it may set aside the decision and return the matter to the original decision-maker for reconsideration according to proper legal standards. We guide clients through this next stage, whether that involves further representation or clarification of legal obligations.
Nihang Law’s Approach to Judicial Review
Judicial review is a specialized area of law that requires an in-depth understanding of administrative law principles, procedural fairness, and jurisdictional boundaries. At Nihang Law, we bring strategic insight and courtroom experience to every review file.
- Timely and Practical Guidance: We understand the urgency involved in judicial review applications. From the moment a decision is made, the clock begins ticking. We act quickly to evaluate your case and begin the process within statutory timelines.
- Focused on Substance and Procedure: Success in judicial review often turns on both the legal merits and procedural details. We ensure that applications are meticulously prepared, evidentiary records are complete, and legal arguments are tightly focused on the standards of review set by the Supreme Court of Canada.
- Experience Across Sectors: Whether your matter involves immigration, professional regulation, employment, or municipal decisions, our experience spans a wide range of tribunals and regulatory frameworks.
- Advocacy With Integrity and Precision: We craft compelling arguments that highlight legal error, unfairness, or overreach in the original decision. If defending against review, we focus on upholding the legitimacy and reasonableness of the original decision-making process.
Why Choose Nihang Law
Judicial review is not just another litigation process—it is a distinct area that intersects law, public policy, and administrative discretion. At Nihang Law, we offer:
- In-depth knowledge of administrative and constitutional law
- Strong written advocacy for applications and responses
- Experience before Ontario Divisional Court and Federal Court
- Prompt, honest, and strategic advice on likelihood of success
Judicial review applications are governed by strict and sometimes tribunal-specific deadlines. For most Federal Court matters, the deadline is 30 days from when the decision is communicated. Other tribunals may have internal review timelines or different limitation periods. Prompt legal advice is critical to avoid losing your right to review.
If you have received a decision from a tribunal, board, or government agency that you believe is unfair, incorrect, or unlawful, contact Nihang Law today. We’ll help you understand whether judicial review is right for your situation and guide you through the process with professionalism and clarity.