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Certiorari

A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organization (eg. government) and to decide if the decision has been regular and complete or if there has been an error of law.

A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an administrative tribunal, judicial office or organization (eg. government) and to decide if the decision has been regular and complete, if there has been an error of law, if the tribunal had the power to make the decision complained of or whether the tribunal exceeded its powers in issuing the decision complained of.

For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard.

Certiorari, if the application is succesful, renders the decision at issue of no force or effect and null and void. Lawyers say it is quashed.

The companion remedy is prohibition, which asks that an anticipated or prospective decision, alleged to be ultra vires, be stopped before it issues.

Certiorai is one of the five traditional remedies available in administrative law.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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