The City of Toronto brought a motion to quash an application for judicial review filed by the claimants regarding an interlocutory order made by an Ontario Municipal Board member in an expropriation compensation proceeding.
The claimants alleged the member's order, which allowed them to amend their claim but imposed costs and disallowed interest for the resulting delay, was unreasonable and tainted by bias.
The Divisional Court held that a single judge has jurisdiction to quash an application for judicial review.
The court found the claimants had waived their right to allege bias by failing to raise it at the earliest opportunity and that the member's order was reasonable.
The application for judicial review was quashed to prevent the fragmentation of administrative proceedings, as the order was interlocutory and no exceptional circumstances existed.
The Attorney General intervened in the proceeding.
