Hitesh Vaja

The applicant, an adjacent landowner, sought leave to appeal the Director's decision to issue an Environmental Compliance Approval (ECA) for upgraded sewage works at a neighbouring wedding venue.

The Tribunal found the applicant had standing under s. 38(1) of the Environmental Bill of Rights.

However, the applicant failed to satisfy the leave test under s. 41.

The Tribunal accepted the uncontradicted expert evidence that the upgraded sewage system posed a low risk to the environment and would actually improve upon the existing system.

The application for leave to appeal was dismissed.

The applicant sought leave to appeal an Amended Environmental Compliance Approval (ECA) issued for a sewage treatment plant discharging into the Winnipeg River.

The applicant argued that updated water quality baseline studies and tertiary treatment were required.

The Environmental Review Tribunal found that while the applicant had the right to seek leave to appeal under s. 38 of the Environmental Bill of Rights, he failed to meet the test for leave under s. 41.

The Tribunal accepted expert evidence that the effluent limits were protective of the river and concluded the applicant did not demonstrate that no reasonable person could have issued the ECA.

The application for leave to appeal was dismissed.