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