The respondents (moving parties) brought a motion to dismiss the applicants' application for judicial review of a decision to build a correctional facility in Kemptville, arguing the application was filed beyond the 30-day limitation period under the Judicial Review Procedure Act.
The applicants opposed the motion and sought an extension of time, arguing the decision was only communicated via a press release and town hall meeting without formal reasons.
The court found it was not plain and obvious that the application should be dismissed for delay, noting the unique circumstances, lack of formal reasons, and potential non-compliance with the Provincial Policy Statement regarding agricultural land.
The motion to dismiss was adjourned to be heard by a full panel of the Divisional Court.
