The applicants sought judicial review of the Region's decision to consent to the sale of a non-profit housing co-operative to the Region's social housing arm.
The Co-op was in receivership due to financial difficulties and need for capital repairs.
The Region consented to the sale without notifying the Co-op's board or members.
The Divisional Court held that the Region's decision was judicially reviewable and that the Region breached its duty of procedural fairness by failing to provide notice and an opportunity to make submissions.
However, given the urgent need for repairs, the court declined to quash the consent and deferred the matter to the Commercial List where the sale motion was pending.