1 total
Judicial review allowed; ISED's approval of telecommunications tower quashed due to procedural fairness breaches.
The applicants sought judicial review of a decision by Innovation, Science and Economic Development Canada (ISED) approving a telecommunications tower installation by Bragg Communications Inc. The applicants argued that the consultation process required by ISED's Client Procedures Circular was not followed, resulting in a breach of procedural fairness.
The Federal Court agreed, finding that Bragg failed to properly acknowledge and address the applicants' concerns and failed to inform them of their right to reply.
The Court held that ISED's decision that the consultation process was complete was unreasonable.
The application was allowed, and the ISED decision was quashed.
