Julie Abouchar

The applicant landowners sought judicial review of the Minister's decision denying their request to 'bump-up' a class environmental assessment for a road-widening project to an individual environmental assessment.

The applicants argued the decision was unreasonable and procedurally unfair due to alleged errors in the environmental study report regarding stormwater management.

The Divisional Court dismissed the application, finding the Minister's decision was reasonable as it addressed the applicants' concerns by imposing conditions and relying on concurrent planning processes.

The court also found no breach of procedural fairness or legitimate expectations.

A case management teleconference was held to set a return date and procedural directions for an application for judicial review of a decision by the Minister of the Environment.

The court scheduled a one-day ZOOM videoconference hearing for August 20, 2020, and provided detailed instructions for the electronic exchange of materials, including the use of a password-protected drop box and hyperlinked factums.

Following successful appeals that revoked a Renewable Energy Approval for a wind turbine project, the applicants sought costs against the Approval Holder and the Director of the Ministry of the Environment and Climate Change.

The applicants alleged unreasonable and bad faith conduct prior to and during the hearing, including late filing of evidence and changing positions mid-hearing.

The Environmental Review Tribunal dismissed the costs applications, finding that conduct prior to the proceeding is not eligible for costs, and that the conduct during the hearing was not unreasonable, frivolous, vexatious, or in bad faith.

The appellants appealed a Renewable Energy Approval for a wind facility.

The Tribunal previously found the appellants satisfied the Health Test and Environment Test.

The approval holder requested an opportunity to produce evidence and make submissions on the appropriate remedy regarding the Environment Test.

The appellants opposed, arguing the approval should be revoked immediately based on the Health Test finding.

The Tribunal granted the request for a remedy hearing, finding it necessary to ensure a just determination of all issues and to fully exercise its jurisdiction before making a final disposition.

The Tribunal previously found that a renewable energy approval for a wind project would cause serious and irreversible harm to the natural environment.

The approval holder requested an opportunity to submit evidence and make submissions on appropriate remedies under s. 145.2.1(4) of the Environmental Protection Act.

The Tribunal granted the request and scheduled a telephone conference call to determine the form, scope, and scheduling of the remedy hearing.

The Appellants appealed the Director's decision to issue a Renewable Energy Approval for an eight-turbine wind facility.

The Appellants argued the project would cause serious harm to human health due to aviation risks at two nearby aerodromes, and serious and irreversible harm to endangered bat species.

The Tribunal found that the proximity of the turbines to the aerodromes created an inadequate margin for error, posing a serious risk to human health.

The Tribunal also found that the project would cause serious and irreversible harm to the local population of the endangered little brown myotis bat.

The appeals were allowed in part and the hearing was adjourned to determine the appropriate remedy.

The appellants appealed two Director's Orders requiring them to remove and dispose of PCB waste at a property in Thorold, Ontario.

The parties reached a tentative settlement where the appellants would submit a plan to remove above-ground waste and secure below-ground waste, in exchange for the revocation of the orders against them.

The Tribunal conditionally accepted the settlement, finding it consistent with the purpose of the Environmental Protection Act and in the public interest, as it provided a protective resolution for the environment given the appellants' limited financial means.

The Tribunal, on its own initiative, adjourned the hearing of appeals regarding a Renewable Energy Approval for the Fairview Wind Project.

The statutory six-month deadline for the Tribunal to dispose of the hearing was approaching.

Because the parties requested a lengthy period for filing final written submissions, the Tribunal determined that a 64-day adjournment was necessary to ensure sufficient time to deliberate and issue a written decision on the merits.

At a preliminary hearing regarding appeals of a Renewable Energy Approval for a wind turbine project, the Environmental Review Tribunal considered requests for participant and presenter status.

The Tribunal granted participant status to the Canadian Owners and Pilots Association and presenter status to several individuals and organizations, finding they had genuine interests in the proceeding.

The Tribunal also issued procedural directions for the main hearing.