The moving party sought to quash the respondent's application for judicial review and motion for leave to appeal an Ontario Land Tribunal decision.
The moving party argued the proceedings were moot due to recent legislative amendments to the Planning Act under Bill 185.
The court dismissed the motion to quash, finding the moving party failed to meet the high threshold of showing the proceedings were manifestly devoid of merit, leaving the statutory interpretation and mootness issues to be decided by the panel hearing the merits.