The applicant sought judicial review of the Minister of the Environment's alleged failure to intervene and enforce an approved waste management plan under s. 27 of the Waste Diversion Act, 2002.
The applicant argued that changes to tendering criteria constituted a 'material change' requiring the Minister's approval.
The Divisional Court quashed the application, finding that the Minister has no statutory duty to intervene or supervise operational decisions, and that the decision of what constitutes a 'material change' is a policy-laden function beyond the court's jurisdiction.
