The appellant, Pro-Demnity Insurance Company, brought an application under Rule 14.05(3)(d) seeking a determination that s. 2(5) of the Architects Act does not prevent it from expanding its insurance business.
The application judge held he had jurisdiction but declined to exercise it, finding it more appropriate for the Superintendent of Financial Services to determine the question in the context of the appellant's pending licence amendment application.
The Court of Appeal dismissed the appeal, holding that the application judge's discretionary decision was reasonable.
