The applicant brought a motion under s. 21(5) of the Courts of Justice Act to review a single judge's order dismissing its application for judicial review for delay.
The Divisional Court panel first granted an extension of time to hear the late-filed motion.
On the merits, the panel held that the standard of review is deferential and the motion judge did not err in finding that an 11-month delay, combined with an insufficient explanation and prejudice to the respondent, warranted dismissal.
The motion to review was dismissed with costs.
