Lara Tessaro

The appellants, environmental groups, appealed a Divisional Court decision dismissing their judicial review application challenging the vires of O. Reg. 176/13 under the Endangered Species Act, 2007.

The regulation provided exemptions from the Act's prohibitions.

The appellants argued the Minister failed to meet a statutory condition precedent by not considering the effect of the regulation on each individual species, and that the regulation's purpose was inconsistent with the Act.

The Court of Appeal dismissed the appeal, finding the Minister properly considered the effect on each species and the regulation was not inconsistent with the Act's purpose.

The applicants, two environmental organizations, brought an application challenging the validity of Ontario Regulation 176/13 made under the Endangered Species Act, 2007.

They argued the Minister failed to meet a mandatory condition precedent under s. 57(1) of the Act and that the regulation was inconsistent with the Act's purposes.

The Divisional Court dismissed the application, finding that the Minister had properly formed the required opinion that the regulation would not jeopardize the survival of species at risk, and that the regulation's balancing of environmental protection with economic considerations was consistent with the broader purposes of the Act.

The applicants brought a motion seeking leave to file seven reply affidavits in an application for judicial review concerning a decision to allow increased sulphur production at a Suncor refinery.

The respondents objected to the vast majority of the proposed reply evidence on grounds including improper case-splitting, irrelevance, and that the evidence was available earlier.

The court held that a less strict standard for reply evidence applies on an application prior to cross-examinations than at trial.

Applying this standard, the court permitted most of the reply evidence, striking only portions that were purely confirmatory, raised new issues that should have been in the main case, or repeated earlier evidence verbatim.

MiningWatch Canada appealed a decision regarding the federal environmental assessment of a proposed copper and gold mine.

The responsible authorities had scoped the project to exclude the mine and mill, thereby conducting a screening rather than a comprehensive study.

The Supreme Court of Canada held that the environmental assessment track must be determined by the project as proposed by the proponent, meaning a comprehensive study was required.

However, the Court limited the remedy to a declaration, declining to order the proponent to repeat the assessment process.