Second motion to dismiss aggregate licence transfer appeals without a hearing dismissed due to issue estoppel.
The applicant brought a second motion to dismiss the appellant's appeals of aggregate licence transfers without a hearing.
The Tribunal dismissed the motion, finding it was barred by issue estoppel and res judicata as it raised substantially the same issues as a previously dismissed motion.
The Tribunal also permitted an unlicensed representative to act for the applicant under an exception to Law Society By-law 4, and directed that further case management be scheduled concurrently with another proceeding raising similar jurisdictional issues regarding financial compensation under the Aggregate Resources Act.
OLTOntario Land TribunalMar 23, 2023