Thomas Lipton

The applicant sought an extension of time to apply for judicial review of the Ministry of Mines' decision to add two other First Nations to consultation lists for mining projects on its traditional territory.

The applicant opposed adding the other First Nations as parties to the proceeding.

The court held that the entitlement of the other First Nations to participate as parties must be resolved before hearing the motion for an extension of time, as their rights were directly implicated by the proposed application.

The applicant brought an urgent motion for an interim stay pending an application for judicial review.

The parties sought a consent adjournment of the motion.

The court granted the adjournment on consent, ordering that the interim interim stay remain in place until the motion is heard, the application is decided, or the parties consent to lift it.

The moving parties brought a motion for leave to appeal and a motion to stay the decision of Sweeny R.S.J. The Divisional Court directed the moving parties to file their materials electronically and advised that motions for leave to appeal are considered in writing under Rule 62.02.

After reviewing the moving parties' materials without requiring responding materials, the panel dismissed the motion for leave to appeal, rendering the motion for a stay moot.

No costs were ordered.