Sunshine Village Corp. v. Banff National Park
T-137-94
MacKay J.
26/4/94
9 pp.
Two applications for judicial review concerning decisions made in relation to expansion of recreational skiing facilities operated by Sunshine Village Corporation (SVC) on land leased from Her Majesty within Banff National Park -- Principal motion by SVC seeking leave to file, beyond date fixed by earlier order, affidavit of former Minister of Environment -- Court ordering expedited hearing of motion for judicial review seeking declaration EARPGO not applying to development -- Whether affidavit of Minister responsible for office, i.e. "federal board, commission or tribunal" whose decision questioned by judicial review, should be permitted to be filed late-Criteria for considering leave for late filing of affidavits: reasons for delay, intrinsic worth of affidavit, i.e. relevance, admissibility and potential use to Court -- Timing of execution of Mr. Charest's affidavit not matter within control of SVC -- View of Minister of the day on state of law having no weight in deliberation of Court -- Minister's testimony by affidavit or cross-examination inadmissible -- Affidavit adding nothing of significance for Court in dealing with applications of SVC and of Canadian Parks and Wilderness Society for judicial review -- Leave to file affidavit late denied -- Environmental Assessment and Review Process Guidelines Order, SOR/84-467.