5 total
Leave to appeal acquittal for damaging endangered species habitat denied; decision below was highly fact-specific.
The Crown sought leave to appeal a decision of the Ontario Court of Justice that overturned the respondent's conviction under the Endangered Species Act for damaging Blanding's turtle habitat.
The appeal judge had entered an acquittal after finding the circumstantial evidence of turtle sightings from prior and subsequent years insufficient to prove the land was habitat at the time of the offence.
The Court of Appeal held that while the appeal judge's conclusion raised a question of law alone, the Crown failed to demonstrate that granting leave was essential in the public interest or for the due administration of justice.
The decision below was highly fact-specific and unlikely to establish a binding precedent requiring direct evidence of habitat use.
Leave to appeal was denied, and the respondent's request for costs was dismissed.
Interim stay of groundwater monitoring order denied as statute prohibits staying orders to monitor and report.
The appellant brought a motion seeking an interim stay of a Director's Order requiring it to undertake actions to address contamination on its property.
The parties agreed to stay several items, but disputed whether Items 8 and 9, which required a Groundwater Monitoring Program and Report, could be stayed.
The Tribunal found that the items, as they related to existing wells, constituted an order to monitor, record, and report, which cannot be stayed under section 143(2)(a) of the Environmental Protection Act.
The motion for an interim stay of those items was dismissed, though requirements relating to newly installed wells were stayed pending the main motion.
Tribunal issues procedural order and schedules five-day hearing for environmental protection appeal.
The Tribunal held a second Case Management Conference regarding an appeal of a Director's Order issued under the Environmental Protection Act.
The parties indicated an openness to mediation and submitted a draft Procedural Order and Issues List.
The Tribunal approved the Procedural Order with minor modifications and scheduled a five-day video hearing.
Tribunal approves Procedural Order and Issues List and schedules 12-day hearing for environmental appeal.
The Ontario Land Tribunal held a Case Management Conference regarding appeals of a Certificate of Property Use issued for a property in Guelph.
The parties agreed on most issues for the hearing, and the Tribunal resolved a disagreement over the wording of one issue regarding contaminant migration.
The Tribunal scheduled a 12-day video hearing to commence in December 2023 and approved the Procedural Order and Issues List.
Motion for stay of environmental order dismissed due to lack of evidence of irreparable harm.
The appellants sought a stay of a Director's Order requiring them to cease burning waste materials, remove waste from their farm property, and install groundwater monitoring wells.
The Tribunal found that while it was not precluded by statute from granting a stay, the appellants failed to meet the three-part test for interlocutory relief under RJR-MacDonald.
Specifically, the appellants provided no evidence of irreparable harm that would result from complying with the order.
The motion for a stay was dismissed.
