The moving parties brought motions to quash part of an application for judicial review for lack of jurisdiction and to strike out certain expert evidence.
The underlying application challenged a decision by the Minister of Natural Resources regarding the Abitibi River Water Management Plan and sought a declaration that the Lakes and Rivers Improvement Act regime is unconstitutional for failing to trigger the duty to consult.
The Divisional Court held that it lacked jurisdiction under the Judicial Review Procedure Act to hear the broad constitutional challenge and transferred that portion of the application to the Superior Court.
The motion to strike evidence was adjourned to the panel hearing the judicial review.
