The appellant sought judicial review and appealed a decision of the Licence Appeal Tribunal (LAT) which found her accident benefits claim statute-barred.
The Divisional Court dismissed both, stating judicial review was only available in "exceptional circumstances" given the statutory appeal right.
The Court of Appeal dismissed the further appeal, clarifying that while judicial review is always available, it is a discretionary remedy and will only be exercised in rare cases where alternative remedies (like reconsideration and statutory appeal) are inadequate.
The Court affirmed the LAT's finding on the limitation period as reasonable and provided guidance on handling concurrent appeal and judicial review proceedings.
