Douglas Los

The applicants sought judicial review of a 1998 decision by a Mining Recorder to register mining claims subject to an aggregate permit.

The Crown respondents brought a motion to strike portions of the application.

The Divisional Court granted the motion, finding that the request to review the Recorder's decision was statute-barred under s. 135 of the Mining Act, which strictly prohibits extensions of time despite the Judicial Review Procedure Act.

The court also held that the application constituted an impermissible collateral attack on the Mining and Lands Commissioner's subsequent appellate decision.

The appellant association appealed a Divisional Court decision dismissing its application for judicial review.

The respondent race track owner had excluded certain licensed members of the appellant from racing at its track, citing private property rights.

The Ontario Racing Commission declined jurisdiction to hold a hearing on the matter, believing it could not interfere with private property rights.

The Court of Appeal allowed the appeal, holding that the Commission's broad statutory powers to govern and regulate horse racing in the public interest necessarily included the power to make decisions that incidentally affect private property rights.

The Commission was directed to hold a hearing.