Toronto Judicial Review Lawyer
Challenging decisions of Ontario tribunals and regulators at the Divisional Court.
By Paul Starkman & Calvin Zhang | Starkman & Zhang Lawyers | 30+ years litigation experience
What Is Judicial Review?
When a government body, administrative tribunal, or regulator makes a decision that is unlawful, unfair, or unreasonable, judicial review is the legal mechanism to challenge it. Starkman & Zhang Lawyers represents applicants before the Ontario Divisional Court in judicial review applications across a wide range of administrative matters. Our team — founding partner Paul Starkman (30+ years of litigation experience) and partner Calvin Zhang (bilingual courtroom advocate) — has extensive experience at the Divisional Court.
In Ontario, a large volume of decisions affecting individuals and businesses are made not by courts but by administrative tribunals and government bodies. Canada is often described as an “administrative state” — from land-use planning and professional licensing to human rights adjudication and labour arbitration, nearly all of these administrative decisions can be supervised and corrected by the courts through judicial review.
Judicial review in Ontario is principally conducted at the Divisional Court, governed by the Judicial Review Procedure Act, R.S.O. 1990, c. J.1 and the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.
Critically, judicial review is not a re-hearing. The court does not retry the facts or substitute its own decision for the tribunal’s. Instead, it reviews whether the administrative decision-making process was fair, reasonable, and lawful.
Important deadline: judicial review applications typically must be filed within 30 days of the administrative decision on Form 68A (Notice of Application for Judicial Review). The application is heard by a three-judge panel of the Divisional Court. If you have received an adverse administrative decision, contact us immediately to preserve your filing window.
The Three Standards of Review
On a judicial review application, the court evaluates an administrative decision on three main grounds:
Legality
Did the administrative body act within its statutory jurisdiction? Did the decision comply with the relevant statute or regulation?
Procedural Fairness
Did the affected party receive a fair hearing? Was the decision-maker free of bias? Was due process followed?
Reasonableness
Is the decision supported by evidence? Is the reasoning transparent, intelligible, and justifiable?
Types of Judicial Review We Handle
Starkman & Zhang represents clients across the following five main categories of judicial review. As a litigation-focused firm, our lawyers appear regularly at the Divisional Court — you can verify our track record by searching our names on CanLII.
1. Land Use & Planning Decisions
Land use and development approval in the Greater Toronto Area involves complex administrative processes before the Ontario Land Tribunal (OLT). Under the Planning Act, OLT decisions may be subject to judicial review where legality, fairness, or reasonableness is in issue.
Common scenarios:
- Your rezoning application has been denied by the municipality and you believe the decision ignored the planning evidence
- Your approved development has been appealed by a neighbour or third party; you need to defend the approval at the OLT and Divisional Court
- Your subdivision or site plan approval has been granted with unreasonable conditions that undermine the project
- The Committee of Adjustment has refused a minor variance, blocking a planned renovation or build
- The municipality has issued a stop-work or demolition order that you believe lacks a legal foundation or was procedurally unfair
Typical clients: real estate developers, land owners, investment groups, REITs.
2. Municipal & Licensing Decisions
A wide range of commercial operations in Toronto depend on government licences. When a licence is refused, revoked, or issued with unreasonable conditions, judicial review protects your commercial interests. Relevant decision-makers include the Alcohol and Gaming Commission of Ontario (AGCO) and various municipal licensing committees.
Common scenarios:
- Your restaurant or bar licence has been refused or revoked, disrupting operations
- Your nightclub or entertainment licence has been issued with strict limits (hours, noise) that prevent normal operations
- Your building permit application has been refused, or a previously issued permit has been withdrawn
- Your taxi or ride-share operating licence has been refused or revoked
- The AGCO has imposed a penalty on your liquor licence (fine, suspension, revocation) that you believe is unreasonable
Typical clients: food and beverage operators, commercial landlords, builders and contractors, and licence holders generally.
3. Professional Regulation & Discipline
Regulated professions in Ontario are subject to self-governing regulatory bodies with significant authority over a practitioner’s career. When a regulatory decision is unfair or unreasonable, judicial review is often the practitioner’s key remedy. Relevant bodies include the Law Society of Ontario (LSO), Law Society Tribunal, CPSO (physicians), and others.
Common scenarios:
- You are a lawyer facing Law Society discipline — licence revocation, suspension, or a significant fine — that you believe resulted from an unfair process or an excessive penalty
- You are a physician facing CPSO discipline, including licence revocation, practice restrictions, or suspension
- You are a regulated engineer, accountant, teacher, or other licensed professional facing a regulator decision affecting your right to practise
- Your professional registration application has been refused or renewed with unreasonable conditions
- The regulator has failed to give you a fair opportunity to be heard in the course of its investigation
Typical clients: lawyers, physicians, engineers, accountants, teachers, nurses, pharmacists, and other regulated professionals.
4. Human Rights Tribunal Decisions
The Human Rights Tribunal of Ontario (HRTO) hears discrimination and harassment complaints. Where an HRTO ruling is fundamentally flawed, judicial review at the Divisional Court is the appropriate challenge mechanism.
Common scenarios:
- You filed an HRTO complaint for workplace discrimination (race, gender, age, disability, etc.) and it was dismissed; you believe the Tribunal overlooked key evidence
- You are an employer, and the HRTO has awarded damages that you believe are clearly excessive or unsupported by adequate reasons
- The HRTO has refused to hear your complaint (on timing or jurisdiction grounds) and you believe the refusal is incorrect
- You experienced discrimination in housing, services, or retail and the HRTO outcome is unsatisfactory
- You are a condo board or commercial landlord and the HRTO has found discrimination against you, in circumstances you believe are unfair
Typical clients: dismissed employees, employers, tenants, landlords, and service providers.
5. Employment & Labour Decisions
Judicial review of decisions from the Ontario Labour Relations Board (OLRB), labour arbitrations, union representation disputes, and workplace safety matters. Where a labour arbitration or OLRB decision is unreasonable, judicial review at the Divisional Court is the available remedy.
Common scenarios:
- You are an employer and a labour arbitrator has issued an award (such as a large damages award or reinstatement) that you believe overlooked key facts
- You are an employee and your union has failed to provide fair representation (duty of fair representation)
- The OLRB has ruled against you on an unfair labour practice complaint
- Your workplace safety complaint has been dismissed and you believe the matter was not properly investigated
- You are a small business owner being required to recognize union certification, and you believe the OLRB certification process was procedurally flawed
Typical clients: employers, employees, union members, and small business owners.
The Ontario Judicial Review Process
Under the Judicial Review Procedure Act and the Divisional Court’s practice direction, the standard judicial review process follows these stages:
Case assessment and strategy
Analyze whether the administrative decision raises reviewable issues on legality, procedural fairness, or reasonableness. Our team assesses prospects of success and develops the litigation strategy. Critical: the application must generally be filed within 30 days of the decision.
Filing the Notice of Application
Prepare and file the Notice of Application for Judicial Review (Form 68A) at the Divisional Court, with service on the Attorney General of Ontario, the administrative decision-maker, and all parties to the underlying proceeding.
Record of proceedings and evidence
Under s.10 of the JRPA, the tribunal must provide the Divisional Court with its record of proceedings. We review the full record and prepare the Applicant's Factual Overview and Memorandum of Argument.
Oral hearing before the Divisional Court
Oral argument proceeds before a three-judge panel. Paul Starkman has 30+ years of Divisional Court experience; Calvin Zhang ensures bilingual clients fully understand the proceeding. The panel decides on the basis of the written record and oral submissions.
Decision and remedies
Possible outcomes include: quashing the decision, remitting the matter to the administrative body for redetermination, mandamus (compelling performance of a statutory duty), prohibition, or declaratory relief.
Appeal to the Court of Appeal
In limited circumstances, a Divisional Court decision may be further appealed to the Court of Appeal for Ontario. We can advise on the feasibility and strategy of further appeal.
Frequently Asked Questions
What is the difference between judicial review and an appeal?
An appeal asks a higher court to review a lower court or tribunal's decision on its record for legal error. Judicial review examines whether the administrative decision-making process was lawful, fair, and reasonable. Judicial review in Ontario goes to the Divisional Court under the Judicial Review Procedure Act. Where a statute provides no right of appeal, judicial review is often the only available remedy.
What is the deadline to bring a judicial review application?
Most judicial review applications must be filed within 30 days of the administrative decision. This deadline is strict — missing it usually cannot be cured. Some statutes set different deadlines, so consult a lawyer promptly after receiving an adverse decision. Contact Starkman & Zhang as soon as you receive the decision so we can preserve your filing window.
How much does a judicial review cost?
Cost depends on the complexity of the decision being reviewed. Court filing fees, counsel fees, and preparation of the record all factor in. Simple procedural fairness issues cost less; cases with complex factual records and multiple parties cost more. We provide cost estimates tailored to your matter at the initial consultation.
Which administrative decisions are subject to judicial review?
In principle, any decision made by a provincial administrative body, tribunal, or municipality may be subject to judicial review. Common reviewable decisions include Ontario Land Tribunal (OLT) planning decisions, municipal licensing decisions, Human Rights Tribunal of Ontario (HRTO) rulings, Law Society of Ontario (LSO) discipline, and Ontario Labour Relations Board (OLRB) decisions. Where a statute provides an internal appeal mechanism, that appeal generally must be exhausted first.
Can judicial review stay the original administrative decision?
Yes. The applicant can seek a stay order requiring the decision to be put on hold pending the review. The court applies a three-part test: whether there is a serious issue to be tried, whether irreparable harm would result without a stay, and the balance of convenience. A stay is particularly important where the administrative order has immediate enforcement consequences — such as licence revocations or demolition orders.
Why is trial advocacy experience important for judicial review?
Judicial review applications turn on detailed legal written submissions and oral argument before a three-judge panel at the Divisional Court. Our founding partner Paul Starkman has 30+ years of Divisional Court and appellate experience; Calvin Zhang provides bilingual client service throughout. Search our lawyers' names on CanLII to verify our track record in administrative and appellate matters.
Consult a Toronto Judicial Review Lawyer
This page is for information only and is not legal advice. For advice specific to your matter, please contact us.
If you need to challenge an unreasonable decision of an Ontario tribunal or government body, contact Starkman & Zhang Lawyers. Remember the 30-day filing window — act promptly.