- Parties: The applicant was Signature Pointe Development Inc. The respondents were Canada (Minister of Innovation, Science and Economic Development), Canada (Attorney General), the City of Calgary, and Rogers Communications Inc. 

- Subject Matter: The underlying application concerned respondent Rogers Communications Inc.’s erection of a cell phone tower in the fall of 2022 at 1818 Signature Park SW in Calgary, Alberta. Rogers (in the first motion) and the government respondents (in the second motion) moved to strike the notice of application without leave to amend. 

- Ruling: The court ruled in the respondents’ favour, dismissed the judicial review application, granted the motions to strike filed by respondents Rogers and Canada, and struck out the entire notice of application without leave to amend. The court concluded that, insofar as the application sought to judicially review the Minister’s decision to issue a licence for the cell tower, it was bound to fail because the uncontested evidence supported that the Minister made no decision regarding the cell tower. The court added that it lacked jurisdiction to entertain a judicial review of a non-existent ministerial decision or to grant any relief relating to that. 

- Date: The court released its decision on May 27, 2024. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court ordered the applicant to pay respondents Rogers and Canada costs of the motion, fixed in the amount of $1,000, inclusive of disbursements and taxes.