
Ward Appeal Does Not Equal Stay: Why the OMB Ruling Must Be Implemented Even if Council Appeals
, Editor |
If Council chooses to file a Divisional Court challenge against the OMB ruling, they must do so as a judicial review. An appeal isn’t a stay.
The standard for judicial review is reasonableness not correctness, the Dunsmuir Test (after the 2008 Supreme Court of Canada decision), and deference to specialized tribunals and bodies.