Appeal of wind farm renewable energy approval dismissed as appellant failed to prove serious harm to health or environment.
The appellant appealed the Director's decision to issue a Renewable Energy Approval for a 9-turbine wind facility on the Oak Ridges Moraine.
The appellant argued the project would cause serious harm to human health due to noise, shadow flicker, and safety risks, and serious and irreversible harm to the natural environment, including groundwater and bird species at risk.
The Tribunal found the appellant failed to meet its onus of proving the statutory tests under the Environmental Protection Act, relying on the expert evidence provided by the approval holder.
The appeal was dismissed and the Director's decision confirmed.
Motion to define issues and strike witness statements in environmental review hearing dismissed.
The approval holder brought a motion to define the issue to be determined in the remaining portion of the hearing and to strike portions of two witness statements.
The motion was dismissed, with reasons to follow.
Adjournment and interim stay of environmental order granted on consent pending building permit application.
The appellants requested a hearing regarding an order requiring them to perform work with respect to sewage at a property.
The parties jointly requested an adjournment of the hearing and an interim stay of the order to allow the appellants to obtain a building permit for a sewage system from the municipality.
The Tribunal granted the adjournment and interim stay on consent, finding that the proposed terms met the statutory requirements and would ensure environmental concerns were addressed on an interim basis.
Tribunal orders full disclosure of Species At Risk Report but marks it confidential to protect species.
The appellant in a renewable energy approval appeal brought a motion seeking disclosure of the complete Species At Risk Report submitted by the approval holder to the Ministry of Natural Resources and Forestry.
The approval holder had only disclosed redacted portions it deemed relevant to the appellant's proposed expert evidence.
The Environmental Review Tribunal ordered the disclosure of the report in its entirety, finding it potentially relevant to the appeal.
However, to protect species at risk, the Tribunal ordered that the report be marked confidential and its disclosure limited to the parties' counsel and expert witnesses.
Tribunal grants participant and presenter status to municipality, homeowners' association, and individuals in wind project appeal.
The Environmental Review Tribunal held a preliminary hearing to consider requests for participant and presenter status in an appeal of a Renewable Energy Approval for a wind facility.
The Tribunal granted participant status to the Municipality of Grey Highlands and the Brewster Lake Home Owners' Association, and presenter status to several individuals, subject to procedural directions limiting duplication and ensuring relevance.
The Tribunal also established the schedule for the hearing.
Motion for party status dismissed; participant status granted to address remedy in wind park appeal.
The Prince Edward County South Shore Conservancy brought a motion for party status to address the remedy in an appeal of a Renewable Energy Approval for the Ostrander Point Wind Park.
The Environmental Review Tribunal dismissed the request for party status but granted the alternative request for participant status.
The Tribunal ordered that the Conservancy may participate in motions but may not bring them, with reasons to follow.
Tribunal accepts withdrawal of municipality's wind farm appeal and grants participant status to environmental coalition.
The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility.
One appellant subsequently proposed to withdraw its appeal with the consent of all parties.
The Environmental Review Tribunal accepted the withdrawal and dismissed that appeal.
The Tribunal also granted participant status to an environmental coalition in the remaining appeal and issued procedural directions for the hearing.