Reviews and Appeals

Judicial Review of Regulatory Decisions

When a statute gives no appeal, or a decision is described as final, judicial review in the Divisional Court may be the remaining option.

  • Topic Reviews and Appeals
  • Sources checked November 10, 2026
Draft for legal review. This page has not yet been reviewed by Ryan J. Manilla.

Key Takeaways

  • Judicial review asks whether a decision was lawful, fair and reasonable, not whether it was right.
  • It may be considered where no statutory appeal exists, such as OLRB OHSA decisions (OHSA, s. 61(6)).
  • Decisions of the Law Society’s Proceedings Authorization Committee are not subject to appeal or review (LSA, s. 49.20(3)).
  • Timing matters. Seek advice promptly.

When It Arises

Some decisions have no statutory appeal: OLRB decisions on OHSA appeals are final (OHSA, s. 61(6)), FST orders are final unless the governing Act provides an appeal (FST Act, s. 9(4)), and CPA Ontario provides only an internal appeal committee (CPA Act, s. 37). Complaints committee decisions for teachers and ECEs have no external review body.

How It Differs From an Appeal

Judicial review is not a rehearing. The court examines whether the decision-maker acted within its authority, followed a fair process, and reached a reasonable decision.

Frequently Asked Questions

Is judicial review always available?

Not always. Some statutes restrict review, and courts have discretion.

Can I get a stay?

Possibly, by motion. Get advice early.

Sources

Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.

  1. Occupational Health and Safety Act, s. 61 — Checked November 10, 2026.
  2. Financial Services Tribunal Act, 2017, s. 9 — Checked November 10, 2026.
  3. Chartered Professional Accountants of Ontario Act, 2017, s. 37 — Checked November 10, 2026.
  4. Law Society Act, s. 49.20 — Checked November 10, 2026.

Keep Learning About Your Proceeding

Read how Ontario regulatory proceedings typically unfold, or compare how other regulators handle complaints, hearings and appeals.