The Applicant sought Judicial Review of three decisions, seeking to quash, set aside or alternatively request the Court make a declaration confirming that the decisions were unreasonable or incorrect. The Respondent argued that the Applicant filed its Application for Judicial Review of one of the decisions after the six-month limitation period as per Rule 3.15, and therefore the Judicial Review of the decision cannot proceed. The Applicant submitted that the Respondents are estopped from relying on the passage of time to defend the Judicial Review Application as the Applicant was not provided with prior notification between the relevant time that the Agreement would not continue to have effect. The Applicant further stated that it relied on this Agreement to its detriment resulting in its position being weakened by the other decision.

The Court considered the relevant principles of Rule 753.11 (predecessor of Rule 3.15) stating that Rule 3.15 is strictly construed, that unless there is a clear and stated obligation to provide notice of a decision, the six-month limitation runs from the date of the decision. If there is a clear obligation to provide notice, then the limitation runs from the date the notice is given. The Applicant was notified in time and filed its Application well beyond the strict six-month limitation period. The Court did not further review the decision on the basis that it was not filed and served within the strict limitation period as set out in Rule 3.15. Therefore, the Application was dismissed.