Anna Toumanians

The applicant sought judicial review of a decision by the Niagara Escarpment Commission to refer an application to amend the Niagara Escarpment Plan to the Ontario Land Tribunal.

The Divisional Court dismissed the application as premature, applying the doctrine of exhaustion.

The court held that absent exceptional circumstances, judicial review should not fragment ongoing administrative processes, and the merits of the proposed amendment would be properly decided by the Tribunal.

At a case management conference, the parties agreed to hold the applicant's application for judicial review in abeyance pending the Ontario Land Tribunal's decision on a request for reconsideration under section 23 of the Ontario Land Tribunal Act, 2021.

The court endorsed the agreement, setting a timetable for the filing of amended notices and application records following the release of the Tribunal's decision.