The appellant purchased a transport business and applied for a transfer of its extra-provincial operating licence.
While the application was pending, the appellant was granted a temporary licence.
The Ontario Highway Transport Board recommended refusing the transfer, but the Minister delayed his decision for several years.
When the Minister finally refused the transfer, he based his decision on the appellant's failure to show current financial stability but refused to accept further submissions.
The Supreme Court of Canada allowed the appeal and quashed the Minister's decision, holding that the Minister breached his duty to act fairly by requiring up-to-date proof of financial stability while simultaneously refusing to entertain further submissions.
