Canadian Waste Services Inc. sought to expand a landfill site and obtained the Minister of the Environment's approval for the terms of reference for an environmental assessment.
The respondents successfully applied for judicial review, with the Divisional Court quashing the Minister's decision on the basis that the terms of reference did not include all generic elements required by the Environmental Assessment Act.
On appeal, the Court of Appeal held that the Minister's decision to approve tailored terms of reference was entitled to deference and was reasonable.
The appeal was allowed and the Minister's decision was reinstated.
