7 total
Judicial review granted in part; Minister acted unreasonably by failing to post Ministerial Zoning Order amendments.
The applicants, environmental advocacy organizations, brought applications for judicial review challenging the failure of various Ontario Ministers to conduct public consultations under the Environmental Bill of Rights, 1993 (EBR) before enacting the COVID-19 Economic Recovery Act, 2020.
The applicants argued that the Ministers acted unreasonably by failing to post proposed amendments to several statutes on the Environmental Registry.
The Divisional Court dismissed most of the challenges, finding the Ministers' decisions reasonable or shielded by retroactive legislation.
However, the court granted the application in part, issuing a declaration that the Minister of Municipal Affairs and Housing acted unreasonably and unlawfully by failing to post proposed amendments respecting Ministerial Zoning Orders under the Planning Act prior to implementation.
Party status granted to First Nation and local residents in appeal of environmental penalty orders.
During a Case Management Conference for an appeal of Environmental Penalty Orders regarding sulphur dioxide emissions from a refinery, Aamjiwnaang First Nation, Vanessa Gray, and Arnold Norman Yellowman requested Party status.
The Tribunal granted their requests, finding that their interests may be directly and substantially affected by the hearing, they have a genuine interest in the subject matter, and their presence is necessary to enable the Tribunal to adjudicate effectively and completely.
The Tribunal also approved the Issues List and Procedural Order.
Application for declaration of unlawful cap and trade cancellation dismissed as moot despite government's EBR breach.
Greenpeace Canada brought an application for judicial review seeking a declaration that the Ontario government unlawfully cancelled the cap and trade program without following the public consultation requirements of the Environmental Bill of Rights (EBR).
The Minister had claimed an exemption under the EBR, arguing that the recent general election was a substantially equivalent process of public participation.
The Divisional Court found that the election was not substantially equivalent and the government failed to comply with the EBR.
However, the application was dismissed because the government subsequently passed valid legislation repealing the cap and trade program and barring proceedings, rendering the requested declaratory relief of no practical effect.
Motion to quash judicial review denied; scope of environmental public consultation exception remains a live issue.
The respondents brought a motion to quash an application for judicial review on the basis of mootness.
The underlying application challenged the Minister's decision to invoke an exception under the Environmental Bill of Rights, bypassing public consultation for revoking the cap and trade program by claiming the recent provincial election was a substantially equivalent process.
The Divisional Court dismissed the motion to quash, finding that the scope of the Minister's exception power remains a live controversy despite the subsequent repeal of the relevant legislation.
The court further held that even if the matter were moot, it would exercise its discretion to hear the application to provide clarity on the statutory exemption.
Tribunal finalized Environmental Compliance Approval conditions for landfill closure, rejecting redundant wording on groundwater delineation.
The Concerned Citizens Committee of Tyendinaga and Environs appealed conditions of an Amended Environmental Compliance Approval issued to Waste Management of Canada Corporation for the closure of the Richmond Landfill Site.
The Tribunal considered the final wording of the conditions, rejecting an additional sentence proposed by the appellant regarding the delineation of leachate-impacted groundwater as redundant.
The Tribunal also granted an extension of time for the instrument holder to complete required work.
The appeal was allowed in part, and the Director was ordered to amend the Environmental Compliance Approval.
Tribunal grants extension for completing groundwater monitoring well testing at landfill site.
The instrument holder, Waste Management of Canada Corporation, requested an extension of a deadline set out in an interim order regarding an Environmental Compliance Approval for a landfill site.
The extension was needed to complete unanticipated additional drilling and testing for groundwater monitoring wells.
The Tribunal granted the request, noting the reasonable explanation and lack of objections from other parties, and ordered the Director to amend the ECA accordingly on an interim basis.
Motion for costs deferred until after main hearing; motion materials marked confidential due to privilege objection.
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.
