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Judicial Review - Grounds - Irregularities

. Dhillon v. The Corporation of the City of Brampton

In Dhillon v. The Corporation of the City of Brampton (Div Ct, 2021) the Divisional Court applies a little-noted JRPA provision:
[44] Alternatively, if a signed Complaint Form was necessary prior to March 19, 2020, in these circumstances, I would apply s. 3 of the JRPA which states:
On an application for judicial review in relation to a statutory power of decision, where the sole ground for relief established is a defect in form or a technical irregularity, if the court finds that no substantial wrong or miscarriage of justice has occurred, the court may refuse relief and, where the decision has already been made, may make an order validating the decision, despite such defect, to have effect from such time and on such terms as the court considers proper.

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Last modified: 19-06-22
By: admin