If you decide to apply for judicial review, you should immediately collect and organize all your documents from the tribunal proceedings. Write down all the information you remember from the tribunal proceedings. You should have the tribunal’s decision in writing. If you do not have it, request it as quickly as possible.
The documents you prepare and file in the court registry tell the court and the other parties about your case.
The documents show:
- The facts or evidence you intend to rely on
- The legal grounds of your claim
- The argument you will be making in court
Judicial review applications are made by filing a petition and supporting affidavits in BC Supreme Court following Rule 16-1. To learn about the process, see Petitions.
It is a very good idea to talk to a lawyer if you are thinking about applying for a judicial review or if you are wondering whether you have a good chance of winning your case.
What does a judicial review hearing look like?
A petition for a judicial review is heard in chambers. Though there is a large body of law dealing with how to conduct judicial review, procedurally a petition for judicial review is like any other chambers applications.