The moving party brought a motion before a single judge of the Divisional Court to dismiss the responding party's judicial review application on the ground of delay.
The motions judge dismissed the motion, holding that while a single judge has jurisdiction to dismiss for delay in clear cases, the equitable and discretionary nature of judicial review generally requires that the issue of delay be determined by the full panel hearing the application on its merits.
The dismissal was without prejudice to the moving party's right to raise the delay argument before the panel.
