The applicant sought judicial review of the City of Toronto's decision to classify the Bloor Street Transformation Project as a Schedule A/A+ project under the Municipal Class Environmental Assessment, which exempted it from a full environmental assessment.
The Divisional Court held that the applicable standard of review was reasonableness and found the City's classification of the road and sidewalk reconstruction project to be reasonable.
The court also held that, in any event, the discretionary remedy of judicial review would be refused due to the applicant's delay in bringing the application, as construction had already begun and halting the project would prejudice the public interest.
The application was dismissed.