Rahmouni c. Ontario (Procureur général)

Rahmouni c. Ontario (Procureur général)

The appeal was dismissed because the motion judge correctly concluded the substance of the appellant’s claim required judicial review and therefore fell within the exclusive jurisdiction of the Divisional Court under the Judicial Review Procedure Act; consequently the Superior Court lacked jurisdiction and dismissal...

Source-derived case information.

Citation
2024 ONCA 515
Parties
Appellant: Abdelmajid Rahmouni; Respondent: Her Majesty the King in right of Ontario (Attorney General and Lieutenant Governor in Council)
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
28 June 2024
Procedural Posture
Civil Appeal (jurisdictional Challenge Related to Judicial Review) / Appeal From Superior Court Motion Decision
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Judicial Review, Rules of Civil Procedure, French Language Services
Source Language
fr
Civil Administrative Law Procedural Law Jurisdiction Judicial Review Rules of Civil Procedure French Language Services

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Parties

Abdelmajid Rahmouni

Appellant

Her Majesty the King in right of Ontario (Attorney General and Lieutenant Governor in Council)

Respondent

Procedural Posture

Civil Appeal (jurisdictional Challenge Related to Judicial Review) / Appeal From Superior Court Motion Decision

  1. 1 Whether the Superior Court had jurisdiction to hear the action or whether the Divisional Court has exclusive jurisdiction for judicial review
  2. 2 Whether the amended statement disclosed a cause of action
  3. 3 Whether the substance of the pleadings required treatment as a judicial review rather than a civil action

Ratio Decidendi

The appeal was dismissed because the motion judge correctly concluded the substance of the appellant’s claim required judicial review and therefore fell within the exclusive jurisdiction of the Divisional Court under the Judicial Review Procedure Act; consequently the Superior Court lacked jurisdiction and dismissal under Rule 21.01(3)(a) was proper.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order of the motion judge dismissing the action and striking the amended statement is upheld