What is the general practice of the courts in Canada not hearing a judicial review petition before a tribunal has rendered its final decision?
British Columbia, Canada
The following excerpt is from HMTQ v. Swetlishoff, 2010 BCSC 1252 (CanLII):
However, the general rule is not an absolute one. While the general practice is that a court will not hear a judicial review petition before a tribunal has rendered its final decision, there are many situations in which demands of justice and efficiency will weigh in favour of early intervention by the courts. Prematurity is not an absolute bar to judicial review but a discretionary one. See: Insurance Corporation of British Columbia v. Yuan, 2009 BCCA 279, at para. 24.
One of the situations where early intervention by the courts is or may be warranted is where a respondent to a complaint (in this case, the Province) challenges the jurisdiction of the tribunal. This type of situation is described by Mr. Justice Joyce in British Columbia v. Crockford, 2005 BCSC 663, at paras. 64 and 65 (underlining added):
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