The applicants sought judicial review of a Hearing Officer's decision declaring jurisdiction to proceed with a hearing regarding an amended Plan for the Niagara Escarpment Planning Area.
The applicants argued that an investigation and survey under s. 3(2) of the Niagara Escarpment Planning and Development Act was a condition precedent to amending the Plan following a boundary alteration.
The Divisional Court dismissed the application, holding that the statutory requirement for an investigation and survey only applied when the Area was originally established, not for subsequent boundary amendments.
