What is the test for an application of leave and judicial review?

Canada (Federal), Canada

The following excerpt is from Lilala v. Canada (Public Safety and Emergency Preparedness), 2016 FC 757 (CanLII):

Based on the test in Toth v. Canada (Minister of Employment and Immigration), 1988 CanLII 1420 (FCA), 86 NR 302 (FCA), the applicant must demonstrate three conjunctive requirements: a serious issue to be tried in an application for leave and judicial review; a risk of suffering irreparable harm; and, a balance of convenience in her favour.

Other Questions

Is a judicial review application directed against a negative PRRA decision moot where the Applicant for judicial review has been removed from or voluntarily left Canada? (Canada (Federal), Canada)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
Can an applicant claim damages in a judicial review application? (Canada (Federal), Canada)
What is the appropriate standard of review in an application for judicial review? (Canada (Federal), Canada)
What is the scope of judicial review of a decision made by the Federal Environmental Protection Agency against a request by the Sierra Club for a judicial review? (MultiRegion, United States of America)
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
Can direct substitution be used as a judicial review power under the law of judicial review? (Canada (Federal), Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.