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Tribunal grants participant status but excludes economic impact evidence as outside jurisdiction in renewable energy appeal.
The appellant appealed the issuance of a Renewable Energy Approval for a wind farm project.
At a pre-hearing conference, several individuals and entities sought participant or presenter status.
The Tribunal granted the status requests but considered whether it had jurisdiction to hear evidence on all issues raised, including economic impacts and general animal health.
The Tribunal held that under the Environmental Protection Act, its jurisdiction is strictly limited to whether the project will cause serious harm to human health or serious and irreversible harm to plant life, animal life, or the natural environment.
Consequently, the Tribunal ruled that evidence regarding economic impacts and issues not pleaded in the Notice of Appeal were outside the scope of the hearing and could not be presented.
Tribunal grants participant and presenter status and issues procedural directions for wind farm appeal hearing.
The Environmental Review Tribunal held a pre-hearing conference regarding an appeal of a Renewable Energy Approval for a wind farm.
The Tribunal granted presenter and participant status to several individuals and entities.
The Tribunal also issued procedural directions, including deadlines for document exchange and scheduling the hearing dates, while excluding certain issues from the scope of the hearing.
Appeal of ERT costs decision dismissed; 'polluter pays' principle does not apply to statutory costs regime.
The appellant First Nation appealed a costs decision of the Environmental Review Tribunal, arguing that the Tribunal erred by failing to apply the 'polluter pays' principle and by not considering the appellant's First Nation status when assessing whether the respondent's conduct was unreasonable.
The Divisional Court dismissed the appeal, holding that under section 17.1 of the Statutory Powers Procedure Act, costs are only awarded for unreasonable, frivolous, or vexatious conduct.
The Court found that the 'polluter pays' principle does not apply to costs considerations and that the Tribunal reasonably concluded the respondent's conduct in defending the appeal was not unreasonable.
OMB appeal partially granted; noise mitigation issue remitted due to lack of feasibility evidence.
The appellants appealed an Ontario Municipal Board (OMB) decision approving official plan and zoning by-law amendments for a proposed limestone quarry.
The appellants argued the OMB breached procedural fairness during a partial re-hearing and misapprehended evidence regarding at-risk turtles and noise levels.
The Divisional Court dismissed these grounds, finding the appellants had consented to the re-hearing process and that the OMB's evidentiary findings were reasonable.
However, the Court granted the appeal on one issue, finding the OMB erred in law by proposing noise mitigation measures that might require access to private lands without evidence of feasibility, and remitted that issue to the OMB.
