Alan Whiteley

Following preliminary motions in an application for judicial review concerning a wind energy project, both the applicant and the intervenor sought costs.

The applicant sought full indemnity costs for a motion for party status and a motion for protective costs.

The intervenor sought partial indemnity costs, arguing the motions were unnecessary.

The court found that the applicant was successful on the first motion, while the intervenor was successful on the second.

Noting the excessive costs claimed and inadequate cost outlines, the court concluded that the entitlements offset each other and made no order as to costs.

The applicant brought motions for declarations of justiciability and public interest standing, a protective costs order, and an order for further records in its application for judicial review of approvals for a wind energy project.

The Ontario Energy Board (OEB) moved to quash the application as it related to its decision.

The court dismissed the applicant's motions, finding the standing and justiciability issues premature without a full evidentiary record, and denying the protective costs order and records request.

The court granted the OEB's motion to quash, finding the environmental and social issues raised by the applicant were outside the OEB's jurisdiction.

Two moving parties, wpd White Pines and Ron Higgins, sought party or intervener status in an application for judicial review challenging the approval of a wind energy project.

The court found that wpd White Pines, the project proponent, was not a necessary party under Rule 5.03 but granted it intervener status under Rule 13.01 without the conditions requested by the applicant.

The court dismissed the motion by Ron Higgins, finding he did not meet the criteria for intervention and his participation would unduly delay the proceedings.