J. Castrilli

The appellants appealed the Director's decision to issue a Permit to Take Water to the instrument holder for washing aggregates.

The granting of leave to appeal triggered an automatic stay of the permit under the Environmental Bill of Rights.

The instrument holder brought a motion to remove the automatic stay and requested an interim lifting of the stay pending the motion's disposition.

On consent of the parties, the Tribunal granted the interim lifting of the automatic stay subject to conditions regarding sump pond management and well water sampling.

The applicants sought leave to appeal the Director's decision to issue a Permit to Take Water to CRH Canada Group Inc. for aggregate washing at the Teedon Pit.

The Tribunal found that both applicants had standing.

Applying the leave test under section 41 of the Environmental Bill of Rights, the Tribunal concluded there was good reason to believe no reasonable person could have issued the Permit, given the failure to adequately apply the precautionary principle, preventive strategies, and sustainable development principles in light of scientific uncertainty regarding groundwater impacts.

The Tribunal also found the decision could result in significant environmental harm due to the potential for well contamination and flooding.

Leave to appeal was granted.