Application for Judicial Review
TYPICAL STEPS IN AN APPLICATION FOR JUDICIAL REVIEW OF A DECISION OF A FEDERAL BOARD, COMMISSION OR OTHER TRIBUNAL under section 18.1 of the Federal Courts Act
| Who | Does what | Rule and Form | When |
|---|---|---|---|
|
Applicant |
Files Notice of Application |
Form 301 |
Within 30 days after decision is communicated to applicant |
|
Applicant |
Serves Notice of Application |
Rule 304(1)
|
Within 10 days after issuance of the Notice of Application |
|
Applicant |
Files Proof of service |
Rule 304(3) |
Within 10 days after service |
|
Respondent |
Serves/Files Notice of Appearance |
Rule 305 Form 305 |
Within 10 days of service of Notice of Application |
|
Any party |
May serve Request for material from Tribunal |
Rule 317 |
Request may be included in Notice of Application or separately |
|
Tribunal |
Transmits certified copy of material to Registry and party |
Rule 318 |
Within 20 days of service of request |
|
Applicant |
Serves supporting affidavits and files proof of service |
Rule 306 |
Within 30 days after issuance of Notice of Application |
|
Respondent |
Serves supporting affidavits and files proof of service |
Rule 307 |
Within 30 days after service of Applicant's affidavits |
|
Any party |
Cross-examinations on affidavits |
Rule 308 |
Within 20 days after service of Respondent's affidavits or expiry of the time to do so, whichever is earlier |
|
Applicant |
Serves/Files Applicant’s record |
Rule 309 |
Within 20 days after completion of cross-examinations or expiry of the time to do so, whichever is earlier
|
|
Respondent |
Serves/Files Respondent’s record |
Rule 310 |
Within 20 days after service of Applicant's record |
|
Any party |
May seek leave to take additional steps |
Rule 312 |
After service of affidavits |
|
Applicant |
Serves/Files Requisition for hearing |
Rule 314 Form 314 |
Within 10 days after service of Respondent's record or expiry of the time to do so, whichever is earlier |
|
The application is then scheduled and heard by the court |
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IMPORTANT : All documents other than the Notice of Application must be filed with proof of service.
Date modified: 2022-03-14