The applicant First Nation sought an extension of time to perfect its judicial review application challenging the provincial approval of a mine closure plan.
The applicant requested the extension to await the Supreme Court of Canada's decision on leave to appeal in a related case concerning provincial authority under Treaty 3, or the completion of scheduled mediation.
The respondent mining company opposed further delay.
The court granted the extension to the earlier of 45 days after the release of the leave decision or 45 days after the completion of the mediation, balancing the need for clarity on the legal issues with the need to avoid indefinite delay.
