The applicants, facing charges under the Conservation Authorities Act, brought an application for certiorari and prohibition after the trial justice recused himself due to a reasonable apprehension of bias.
The Halton Region Conservation Authority brought a motion to strike the application.
The Superior Court of Justice granted the motion to strike, finding that there was no decision left to quash via certiorari following the recusal, and that an order of prohibition was unwarranted as issues of standing and jurisdiction should be dealt with by the trial court.
