Dr. Ronald Brooks

The Association for the Protection of Amherst Island appealed the Director's decision to issue a Renewable Energy Approval to Windlectric Inc. for a 26-turbine wind facility on Amherst Island.

The Appellant argued the project would cause serious harm to human health from turbine and concrete batch plant emissions, and serious and irreversible harm to animal life, specifically Bobolink, raptors/owls, bats, and Blanding's turtles.

The Environmental Review Tribunal found that the Appellant failed to meet the statutory onus under the Environmental Protection Act to prove that the project would cause serious harm to human health or serious and irreversible harm to the natural environment.

The appeal was dismissed and the Director's decision was confirmed.

The applicant sought judicial review of a decision by the Minister of Natural Resources granting a permit under the Endangered Species Act, 2007 for a highway project.

At the opening of the hearing, the respondents brought a preliminary motion to strike three affidavits filed by the applicant.

The Divisional Court granted the motion, striking two affidavits in their entirety and most of the third, emphasizing that judicial review is generally restricted to the record before the decision-maker.

The court noted that fresh evidence is only admissible in exceptional circumstances, which were not present, and criticized the parties for not resolving the evidentiary record prior to the hearing.