On the issue of standing, the judge first addressed the preliminary nature of the respondent’s application to dismiss the claim. He referred to Finlay v. Canada (Minister of Finance), 1986 CanLII 6 (SCC), [1986] 2 S.C.R. 607, 33 D.L.R. (4th) 321, in holding that whether standing should be determined in advance of a full hearing on the merits depends on the nature of the issues and the sufficiency of the materials. The judge found that the issues were appropriately clear and the material before him was sufficient to permit determination of the standing question as a preliminary issue. In so saying, the judge assumed the plaintiffs would be able to prove the allegations of fact pleaded, thereby putting them, for the purposes of the standing issue, in as strong a position as if the issue were left to trial.
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