The applicant sought judicial review to quash a municipal council resolution directing staff to proceed with the development of an arena/event centre.
The applicant alleged procedural unfairness and bad faith, arguing that a staff update report failed to include requested information.
The Divisional Court dismissed the application, finding no evidence of procedural unfairness, bad faith, or arbitrary conduct by the council.
The court also noted that while an alternative statutory remedy existed under the Municipal Act, it exercised its discretion to hear the judicial review to avoid further delay in the long-standing planning process.
