This memorandum looks at Parts 56 and 56.1 of the Rules to avoid a self contained code of Rules for judicial review, and to strive for specialized Rules, where necessary, built on the existing foundation of the general rules. It concluded that the overall scheme under Part 56.1 is appropriate and that changes are needed only in a few areas.
It is proposed that the Rules be reformed to clarify that they cover statutory rights of appeal, stated cases, and controverted elections. The time for delivery of judicial review materials in cases seeking to set aside a decision should be the existing six months for commencing proceedings, plus 14 days for service. Any affidavits on judicial review should be filed and served “as soon as reasonably practicable” rather than 10 days before the date named in the originating notice for the hearing.
Four basic proposals were made about returns:
- The Rules should better clarify the options available to an applicant for obtaining a return in cases where they are not seeking an order to set aside the tribunal’s decision;
- The court’s ultimate discretion should be confirmed to vary the scope of the return;
- There should be more precision in describing the tribunal’s obligations in cases where they propose to deliver an incomplete or amended return;
- The time frame for producing the return should be described as “as soon as reasonably practicable.”
The Committee also proposed that clarifying that the usual Rules about discovery do not apply on judicial review, and adding a requirement to obtain the leave of the court before issuing a notice under Rules 266 or 267.