The applicant sought judicial review of the Ministry of Transportation's alleged refusal to grant a development permit for a gas bar unless the applicant entered into an agreement restricting the transfer of the lands.
The Divisional Court dismissed the application, finding that the Ministry had not purported to require the agreement, but rather offered it as an alternative to standard setback requirements.
Furthermore, the application was premature as the applicant had not submitted a revised site plan, meaning no statutory power of decision had yet been exercised.
