The applicants sought to transfer an appeal from the Mining and Lands Tribunal to the Superior Court of Justice under section 107 of the Mining Act.
The underlying appeal concerned the refusal of a permit by the Cataraqui Region Conservation Authority under the Conservation Authorities Act for a pool house.
The court dismissed the application, finding it lacked jurisdiction because the original proceeding was not "under the Mining Act." Even if jurisdiction existed, the court would not have exercised its discretion to transfer, as the matter fell within the specialized expertise of the Tribunal and did not raise general legal principles outside its scope.
The court also rejected arguments regarding tribunal delay and the deteriorating condition of the structure, noting the applicants' own conduct in building without a permit.
