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Transitional regulation exempting waste facility from growth plan natural heritage policies declared ultra vires.
The applicant sought judicial review of a decision by the Minister of Municipal Affairs and Housing to adopt a transitional regulation exempting a proposed waste management facility from the natural heritage policies of the 2019 Growth Plan.
The applicant also sought to quash a Local Planning Appeal Tribunal (LPAT) decision that struck its appeal issues based on this regulation.
The Divisional Court held that the Minister exceeded his authority under s. 19(1)(d) of the Places to Grow Act, 2005, as the regulation did not address a genuine transitional matter but rather granted an exemption to key policies adopted by the Lieutenant Governor in Council.
The regulation was declared ultra vires, and the LPAT decision was set aside and remitted.
Successful defendants awarded $3,500 costs on a partial indemnity basis.
Following a successful motion by the defendants, the court determined the issue of costs.
The defendants sought costs of both the motion and the underlying action.
After reviewing the parties' written submissions, the court held that the defendants were entirely successful and entitled to costs on a partial indemnity basis.
The court fixed costs payable by the plaintiff to the defendants in the amount of $3,500 plus GST.
