Kathleen Erin Coulter

The Appellant appealed the Director's decision to issue an amendment to a Renewable Energy Approval for a wind project.

The Approval Holder and the Director brought motions to strike the Notice of Appeal and dismiss the appeal, arguing the Tribunal lacked jurisdiction because the appeal raised issues unrelated to the specific amendment, which only allowed for an alternate transformer.

The Tribunal granted the motions, struck the Notice of Appeal and witness statements, and dismissed the appeal, finding that the Appellant failed to allege any harm arising specifically from the amendment.

The appellants appealed an Ontario Municipal Board (OMB) decision approving official plan and zoning by-law amendments for a proposed limestone quarry.

The appellants argued the OMB breached procedural fairness during a partial re-hearing and misapprehended evidence regarding at-risk turtles and noise levels.

The Divisional Court dismissed these grounds, finding the appellants had consented to the re-hearing process and that the OMB's evidentiary findings were reasonable.

However, the Court granted the appeal on one issue, finding the OMB erred in law by proposing noise mitigation measures that might require access to private lands without evidence of feasibility, and remitted that issue to the OMB.