Some key differences between appeals and applications for judicial review
The Registry is often asked about the differences between appeals and applications for judicial review.
The table below sets out some key differences between these two distinct types of proceedings.
This page does not contain legal advice.
| Key difference | Appeal | Application for judicial review |
|---|---|---|
| Source of the Federal Court of Appeal’s jurisdiction | s. 27(1) of the Federal Courts Act OR s.27(1.1) and (1.2) of the Federal Courts Act OR Another federal law that creates a right of appeal to the Federal Court of Appeal. |
s.28(1) of the Federal Courts Act |
| Subject matter | A decision by the Federal Court, OR A decision of the Tax Court of Canada, OR A decision by another body where a specific right to appeal that decision to the Federal Court of Appeal exists in a federal law (called a “statutory appeal”). |
A decision by any federal board, commission, or tribunal listed in s. 28(1) of the Federal Courts Act . If the board, commission, or tribunal is not listed in s. 28(1), then the application for judicial review cannot be brought in the Federal Court of Appeal. |
| Document that starts the proceeding (the “originating document”) | Notice of Appeal | Notice of Application |
| Procedural rules | Part 6 of the Federal Courts Rules discusses procedures that generally apply to appeals in the Federal Court of Appeal. | Part 5 of the Federal Courts Rules discusses procedures that generally apply to applications brought in the Federal Court of Appeal. |
| How is most evidence placed before the Court? | By its inclusion in the appeal book. See Federal Courts Rules 343 – 345 . | By its inclusion in the applicant’s affidavits and exhibits (Rule 306 ), the applicant’s record (Rule 309 ), the respondent’s affidavits and exhibits (Rule 307 ), or the respondent’s record (Rule 310 ). |
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