What is the test for dismissing a judicial review proceeding for unreasonable delay?

British Columbia, Canada


The following excerpt is from Chiodo v Doe, 2021 BCSC 658 (CanLII):

In Lowe v. Diebolt, 2014 BCCA 280 at para. 46, our Court of Appeal considered the “constellation of factors” that may be relevant to considering whether a judicial review proceeding should be dismissed for unreasonable delay: The court must consider the underlying administrative scheme – how does it operate and what are its objectives? To what extent might those objectives be undermined by delay? The court must also consider the interests of the parties – is the issue brought forward on the judicial review of critical importance to one or the other party? On the other hand, will the delay result in hardship, prejudice, or injustice? Because judicial review is concerned with matters of public law, the effect of proceeding with the judicial review or of terminating it on the proper functioning of an administrative regime must also be considered.

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