Ryan J. Wilson

The appellant held an aggregate licence on property owned by the respondent.

The Ministry of Natural Resources and Forestry decided to transfer the licence to the property owner.

The appellant challenged this at the Local Planning Appeal Tribunal, arguing it should receive financial compensation.

The Tribunal ruled on a preliminary motion that it lacked jurisdiction to consider financial compensation.

The appellant appealed to the Divisional Court.

The Divisional Court dismissed the appeal as premature, finding that without a full factual record and substantive decision from the Tribunal, it could not properly review the jurisdictional and policy findings.

The applicant brought a motion for leave to appeal the order of Davies J. dated May 13, 2020.

The Divisional Court dismissed the motion for leave to appeal without costs.

A case management teleconference was held to set the timetable and procedure for the moving party's motion for leave to appeal.

The court directed that the motion be heard in writing by a three-judge panel of the Divisional Court and established deadlines for serving materials and uploading them to an electronic drop box.