The Bullet-Proof Administrative Decision-Maker: Maximizing the Chances of Surviving a Judicial Review

Abstract

To some, the law of judicial review of administrative action is complicated, challenging and ever-changing. It can seem like a trap for the unwary. It is hard enough for administrative decision-makers who have legal training to avoid being reversed on judicial review. It is harder for those without legal training. In this article, we hope to help Canadian administrative decision-makers by providing practical tips on how to minimize the chances of their decision being quashed on judicial review. In so doing, we hope to improve the standard of administrative decision-making generally — by and large, administrative decisions that withstand judicial review are more likely to be good administrative decisions.