The applicants rely on Smith v. Bighorn No. 8 (Municipal District), supra, a decision of this court where leave to appeal the decision of a development appeal board was granted. However, in granting leave, O’Leary, J.A. was given the content of the intended rebuttal and was able to make a preliminary assessment of the appellant’s likelihood of success.
I find that the opportunity to make a preliminary assessment of the unemployed rebuttal, as seen in Smith v. Bighorn No. 8 (Municipal District), is essential in determining the appellant’s likelihood of success.
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