Ridge Fishing Ltd. v. Steveston Harbour Authority

Parties

Procedural Posture

Extension of Time to Commence Judicial Review / Motion Under S.18.1(2) Federal Courts Act

Legal Issues

1. 1 Whether the 30‑day limitation in s.18.1(2) of the Federal Courts Act applies or the matter is a continuing course of conduct
2. 2 Whether the moving parties satisfied the Grewal/Larkman four‑part test for an extension of time (continuing intention, potential merit, prejudice to Crown, reasonable explanation for delay)
3. 3 Whether the HA’s civil litigation transformed the Decision into a continuing course of conduct for judicial review purposes

Ratio Decidendi

The motion for an extension of time is dismissed because the applicants failed to show a continuing intention to pursue judicial review and failed to provide a reasonable explanation for the delay of over four years, the 30‑day limitation in s.18.1(2) applies to the July 2021 Decision, and although some arguments have potential merit, the interests of justice weigh against granting the extension.

Court Disposition

Motion dismissed

Orders

• The Moving Parties’ motion for an extension of time to commence a judicial review is dismissed.
• Costs of the motion reserved; parties to attempt to agree on costs by April 7, 2026; if no agreement, Respondent to serve and file costs submissions by April 9, 2026 (3 pages, double‑spaced) and Moving Parties by April 17, 2026; if no filings by deadlines, no costs awarded.