3 total
Divisional Court transfers broad constitutional challenge to legislation to Superior Court for lack of jurisdiction.
The moving parties brought motions to quash part of an application for judicial review for lack of jurisdiction and to strike out certain expert evidence.
The underlying application challenged a decision by the Minister of Natural Resources regarding the Abitibi River Water Management Plan and sought a declaration that the Lakes and Rivers Improvement Act regime is unconstitutional for failing to trigger the duty to consult.
The Divisional Court held that it lacked jurisdiction under the Judicial Review Procedure Act to hear the broad constitutional challenge and transferred that portion of the application to the Superior Court.
The motion to strike evidence was adjourned to the panel hearing the judicial review.
Tribunal schedules third Case Management Conference and 10-day merit hearing for aggregate extraction appeals.
The applicant appealed the failure of the Niagara Region and the City of Niagara Falls to make decisions on official plan and zoning by-law amendments to permit a mineral aggregate extraction operation.
At the second Case Management Conference, the parties requested time to finalize the issues list and engage in Tribunal-assisted mediation.
The Tribunal scheduled a third Case Management Conference and a 10-day merit hearing.
Appeals consolidated and party status granted at first Case Management Conference for proposed quarry.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Walker Aggregates Inc. against the Niagara Region and the City of Niagara Falls for failing to make decisions on official plan and zoning by-law amendments to permit a mineral aggregate extraction operation.
The Tribunal consolidated the appeals, granted Party status to two neighbouring landowners with residential development proposals, and granted Participant status to four local residents.
A second Case Management Conference was scheduled to address a forthcoming Aggregate Resources Act license application and the Procedural Order.
