If the application for review for cause is rejected, and the Administrative Tribunal of Québec (TAQ) upholds its judgment (which happens in the vast majority of cases), you can always go to the Superior Court to contest this decision. This procedure is called the application for judicial review.
The Superior Court is the ordinary court
The mission of this court is to ensure compliance with the decisions of the Administrative Tribunal of Québec. Note that recourse to this court will only be allowed if you have exhausted all other remedies, including the appeal for review for cause.
Under the old Code of Civil Procedure, we could challenge the Tribunal’s judgment directly to the Superior Court, without requesting a review of the judgment before the same Tribunal.
The new code, which entered into force on 1 January 2016, the notion of exhaustion of the set of remedies requires to go through the stage of revision for cause.
The Superior Court is a tribunal of general jurisdiction, and has a great deal of deference – that is, deference – to intervene and overturn the decisions of the Administrative Tribunal of Québec.
Indeed, the Court systematically mentions in its judgments that the TAQ is a specialized tribunal whose purpose is to hear specifically cases against the Société de l’assurance automobile du Québec (SAAQ). Thus, according to the Superior Court, the TAQ has developed specialized expertise and that it is not up to it to intervene in the face of this specialization.
For more information, contact your SAAQ Lawyer in Montreal.
Your SAAQ file
- Previous step: Review of the judgment of the Administrative Tribunal of Québec
- The entire compensation file at the SAAQ
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