Does a decision under judicial review need to relate to a specific power or right to make the very decision in issue?
Ontario, Canada
The following excerpt is from Sprague v. Her Majesty the Queen in right of Ontario, 2020 ONSC 2335 (CanLII):
Similarly, this Court held in McLeod v. City of Brantford that the decision under judicial review must relate to a power “conferred ‘by or under a statute’…There must be a specific power or right to make the very decision in issue”, 2018 ONSC 943 (Div. Ct.) at paras. 9 to 12.
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