Lisa M. Walters

The applicant commenced an application for judicial review regarding a lease renewal decision by The Niagara Parks Commission.

The respondent brought a motion to quash the application.

Before a decision was rendered, the Ontario Government opened the lease process to competitive bidding, prompting the applicant to file a Notice of Abandonment.

The respondent sought costs for the abandoned application.

The court found the substantive issues moot and exercised its discretion under Rule 38.08(3) to deny costs, as the abandonment resulted from a government decision outside the applicant's control that rendered the application unnecessary.