The applicant, a residents' association, sought judicial review of decisions by the Ministry of the Environment and the Ontario Realty Corporation relating to the sale of a former psychiatric hospital cemetery to a private purchaser who intended to build a crematorium.
The applicant argued that the MOE Director erred in issuing an air approval without considering fine particulate emissions and that the ORC failed to conduct a proper environmental assessment under the Environmental Assessment Act.
The Divisional Court dismissed the application, finding that the Director's decision was not patently unreasonable given the lack of existing standards for fine particulates at the time, and that the ORC reasonably applied its Class Environmental Assessment, which did not require assessing the private purchaser's subsequent planning actions.
