The applicant brought an application for judicial review.
The respondents argued the application was moot because they had sought approval of a second site plan.
The Divisional Court rejected the mootness argument and held it had jurisdiction under section 106 of the Courts of Justice Act to stay the application.
The court ordered the application for judicial review stayed pending the final disposition of the appeal of the second site plan to the Mining and Lands Commissioner, noting that if the second site plan is approved, the application will become moot.
