COURT FILE NO.: 3-04 DIVISIONAL COURT
DATE: 20040924
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: HOMELAND OASIS CORP. v. TOWN OF MARKHAM
BEFORE: GROUND J.
DATE: SEPTEMBER 23, 2004
E N D O R S E M E N T
[1] It appears to me that a number of the arguments raised by counsel on the question of the adjournment relate to the substance or the merits of the application for judicial review and it is premature and inappropriate to decide those issues at this time. It also appears to me that the question of the relevance of the documents sought by counsel for Homeland Oasis cannot be determined at this time. It is at least arguable that those documents are relevant to the question of patently unreasonable or to the question of jurisdiction and accordingly I will adjourn the application to a date to be determined by the Registrar on condition that counsel for Homeland Oasis proceed immediately under the terms of Section 51 of the Municipal Freedom of Information Act to obtain the relevant documents and advise me by October 15, 2004 as to what steps he has taken in this regard and arrange a further case conference to set an adjournment date.
Ground J.
Released: September 24, 2004