The applicant sought a declaration that the licensing regime for temporary help agencies under the Employment Standards Act, 2000 is constitutionally invalid.
The respondent raised a preliminary issue regarding the Divisional Court's jurisdiction to grant such declaratory relief.
The court held that under section 2(1) of the Judicial Review Procedure Act, it only has jurisdiction to grant declaratory relief in relation to the exercise of a statutory power, which does not include the enactment of statutory amendments.
The application was transferred to the Superior Court of Justice.
