The applicant sought to amend its notice of application for judicial review regarding a port authority's decision not to process a project enquiry, alleging bias because the port authority had a competing project.
The respondents moved to strike the application on grounds of mootness, prematurity, and lack of jurisdiction, arguing the original decision had been rescinded.
The Court struck the request for an order prohibiting the competing project but allowed the remainder of the application to proceed, finding that the underlying issue of bias remained a live controversy.
The Court allowed the proposed amendments in part and ruled on the admissibility of affidavit evidence, striking argumentative and opinion-based portions.
