Judicial Review

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There is no right to appeal the HRTO’s decisions. However, in limited circumstances, a party who is dissatisfied with a decision may make a request for “judicial review” to the Divisional Court. The court will not grant judicial review unless it is satisfied the decision is unreasonable. A judicial review is not an opportunity to reargue a case, and the Divisional Court will not overturn a decision simply because it believes the HRTO could have or should have come to a different conclusion. An application for judicial review must be served on all the parties to the hearing at the HRTO, the HRTO and the Attorney General. The Divisional Court’s decisions are available on CanLII. You may wish to get legal advice before asking for a judicial review.