The Niagara Escarpment Commission applied for judicial review of a Joint Board decision granting conditional approval to Walker Aggregates Inc. to develop a quarry in the Niagara Escarpment Plan area.
The applicant argued the Board failed to properly apply the Niagara Escarpment Plan, improperly delegated approval of an Adaptive Management Plan to the Minister of Natural Resources, and erred in assessing noise impacts.
The Divisional Court dismissed the application, finding the Board's decision reasonable, as it correctly applied the relevant planning documents, did not improperly delegate its authority, and reasonably assessed environmental and noise impacts.
