The Plaintiff commenced a Judicial Review, challenging the validity of Bylaws passed by the Defendant City. In particular, the Plaintiff argued that the requirements for publicizing the hearing of the Bylaw were not followed.

As required by Rule 3.19, the City filed a Certified Record of Proceedings which formed part of the Court Record, pursuant to Rule 3.19(2). Pursuant to Rule 3.22, Justice Little permitted the Plaintiff to file an Affidavit containing its evidence regarding the publication of the Bylaw hearings. However, Justice Little found that there was contradictory evidence proving that notice was given to the public regarding the hearings. As such, Little J. dismissed the Application.