The respondents argue, citing Johnston v. Law Society of Prince Edward Island (1991), 80 D.L.R. (4th) 725, 1991 CanLII 2754 (PE SCAD) [Johnston], that there is a distinction between a decision that is made without jurisdiction and a decision made that exceeds jurisdiction. The respondents submit that statutory limitation periods apply to certiorari applications where the decision-maker exceeded his jurisdiction, but had the jurisdiction to make the decision if a different approach was followed. The respondents further submit that the Minister’s decision, at most, falls into this “exceeds jurisdiction” category.
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