Donald Colborne

The applicant sought an extension of time to apply for judicial review of the Ministry of Mines' decision to add two other First Nations to consultation lists for mining projects on its traditional territory.

The applicant opposed adding the other First Nations as parties to the proceeding.

The court held that the entitlement of the other First Nations to participate as parties must be resolved before hearing the motion for an extension of time, as their rights were directly implicated by the proposed application.

The plaintiffs, Ontario, and Canada sought leave to appeal an interim preservation order that maintained the Town of Fort Frances' possession of a park pending trial.

The moving parties argued that injunctive relief, including preservation orders, is statutorily prohibited against the Crown.

The court dismissed the motion for leave to appeal, finding no conflicting decisions and no good reason to doubt the correctness of the motion judge's reliance on Supreme Court of Canada precedent, which allows courts to maintain the status quo to ensure the effectiveness of their final disposition.

The appellant appealed a conviction entered by the Ontario Court of Justice.

The Court of Appeal found that the trial judge's two-year delay in rendering a decision, followed by an additional five-month delay to release brief reasons, constituted an unreasonable delay.

The appeal was allowed, the finding of guilt was set aside, and the proceedings were stayed.