The applicant First Nation sought judicial review of decisions by the Ontario Lottery and Gaming Corporation and the Minister of Finance regarding the modernization of gaming in Ontario, specifically the decisions to tender and bundle a gaming zone that included the applicant's reserve.
The Divisional Court dismissed the application, finding that the impugned decisions were policy and commercial in nature and therefore not justiciable.
The court also found no bad faith, no denial of procedural fairness, and no breach of the duty to consult.
Furthermore, the court granted the respondents' motion to dismiss the application for excessive and unexplained delay that caused prejudice.
