DIVISIONAL COURT FILE NO.: 153/07
Mining and Lands Commissioner File No. CA003-05
DATE: 20071213
minicounsel
The applicants, neighbouring landowners, sought judicial review of a decision by the Mining and Lands Commissioner denying them party status in an appeal regarding a fill permit application. The respondent landowner had appealed the conservation authority's refusal of his permit. The Divisional Court dismissed the judicial review application, finding no procedural unfairness in the Commissioner's decision. The Court held that the Commissioner reasonably concluded the applicants could not make a useful contribution to the technical issues of the appeal and that their participation in the initial hearing did not create a legitimate expectation of party status.
DIVISIONAL COURT FILE NO.: 153/07
Mining and Lands Commissioner File No. CA003-05
DATE: 20071213