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
Application for Judicial Review
Who Does what Rule and Form When

Applicant

Files Notice of Application

Rules 300-303

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

IMPORTANT : All documents other than the Notice of Application must be filed with proof of service.

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