Eric Gillespie

The Environmental Review Tribunal ordered an adjournment of the hearing regarding the Renewable Energy Approval for the Amherst Island Wind Project for a period of 19 days.

The date of deemed confirmation of the approval was extended accordingly.

The approval holder brought a motion for an adjournment of the proceedings regarding a renewable energy approval for a wind park.

The Environmental Review Tribunal granted the motion pursuant to s. 59(2)1.ii of O. Reg. 359/09.

The adjournment was ordered to run until the commencement of the remedy hearing.

The appellants appealed a renewable energy approval for a wind project.

Under the Environmental Protection Act and O. Reg. 359/09, the Tribunal must dispose of the hearing within six months, failing which the approval is deemed confirmed.

Due to delays in completing the evidence and final submissions, the Tribunal, on its own initiative, ordered a 32-day adjournment to allow sufficient time to deliberate and secure a fair and just determination on the merits.

In an appeal of a Renewable Energy Approval for a wind facility, the appellants brought several procedural motions.

The Tribunal dismissed a motion for further disclosure but granted summonses for two Ministry of Natural Resources and Forestry employees to testify regarding species at risk.

The Tribunal dismissed a motion to adjourn the hearing, finding it unnecessary to secure a fair determination.

The Tribunal ruled on multiple motions to exclude reply witness statements, admitting those that properly responded to new evidence and excluding those that merely bolstered previous evidence or introduced new issues.

Finally, the Tribunal dismissed a motion for recusal, finding no reasonable apprehension of bias based on the Members' prior statements or their conduct during the hearing.

The Tribunal considered a consent request to adjourn an appeal of a Renewable Energy Approval issued to the Approval Holder.

The parties consented to a 39-day adjournment.

Pursuant to s. 59(2)1.i of O. Reg. 359/09, the Tribunal granted the adjournment and extended the date of deemed confirmation of the approval to January 15, 2016.

The Environmental Review Tribunal held a preliminary hearing to consider requests for presenter status in appeals of a Renewable Energy Approval for a wind facility in Prince Edward County.

Four individuals and organizations requested presenter status to provide evidence on birds, wildlife, ecosystems, and human health.

Finding that the requesters had a genuine interest and would make relevant contributions, the Tribunal granted presenter status to all four, subject to conditions limiting the scope and length of their presentations.

The Approval Holder brought a motion for direction in an appeal of a Renewable Energy Approval for a wind turbine project.

The Director had approved 27 of the 29 proposed turbines.

The Approval Holder sought a direction that the parties submit evidence regarding the potential impacts of the full 29-turbine project, arguing it would be more efficient if they succeeded in a separate appeal to reinstate the two refused turbines.

The Tribunal denied the motion, finding that its jurisdiction is limited to reviewing the Director's decision as issued, and declined to make advance rulings on the relevance of specific evidence.

The Tribunal held a preliminary hearing to address procedural matters and requests for status in appeals of a Renewable Energy Approval for a wind turbine project.

The Tribunal dismissed one appeal on consent.

It granted participant and presenter status to several individuals and a local business, limiting their presentations to issues within the Tribunal's jurisdiction.

The Tribunal denied requests for party status from a municipality and two individuals, finding it unnecessary at this stage for procedural purposes, but allowed them to renew their requests if circumstances change.

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.

The Mohawks of the Bay of Quinte (MBQ) brought a motion for costs in an ongoing environmental appeal.

Due to an objection by Waste Management of Canada Corporation regarding mediation confidentiality, MBQ requested that the motion be deferred until after the main hearing.

The Tribunal granted the adjournment and ordered that the motion materials be marked confidential pending the hearing of the motion.