The Applicants sought an extension of time under s. 5(2) of the Judicial Review Procedure Act to file an application for judicial review of an Ontario Land Tribunal decision, which had dismissed their appeal of a Director's Order regarding environmental contamination.
The Director brought a cross-motion to dismiss the judicial review application for delay.
The Divisional Court dismissed the Applicants' motion and granted the Director's motion, finding that the Applicants failed to establish apparent grounds for relief and that extending the time would cause substantial prejudice to ongoing Provincial Offences Act proceedings.