J. Boyczuk

The appellant sought to appeal an interlocutory procedural order of the Ontario Land Tribunal regarding an expropriation compensation claim.

The Divisional Court issued a notice under Rule 2.1.01 of the Rules of Civil Procedure, raising concerns about its jurisdiction to hear an appeal from an interlocutory tribunal order.

Applying established case law, the court confirmed that absent clear statutory language, there is no right of appeal from an interlocutory tribunal decision under either the Ontario Land Tribunal Act or the Expropriations Act.

The appeal was dismissed as frivolous, vexatious, and an abuse of process because it was doomed to fail for lack of jurisdiction.

The applicants sought judicial review of the respondent's alleged decision to allow coyote hunting contests to proceed without written authorization, contrary to the Fish and Wildlife Conservation Act.

The Divisional Court dismissed the application, finding that the respondent did not authorize the contests.

Instead, the contests proceeded without authorization, and the respondent's Enforcement Branch exercised its prosecutorial discretion not to lay charges.

The court held that this discretionary decision is immune from judicial review absent bad faith or abuse of process, which were not alleged.