The Township of Dymond brought an application for judicial review to set aside a municipal restructuring order made by the Minister of Municipal Affairs and Housing that amalgamated it with two other towns.
The applicant argued that the Minister lacked jurisdiction under the former Municipal Act, breached natural justice by not holding a hearing, and violated the spirit of the legislation.
The Divisional Court dismissed the application, finding that the statutory pre-conditions for the 'double majority' rule were met, rights had accrued before the new Act came into force, and there was no requirement for a hearing before the Minister issued the order.
