Marlene Cashin

Following a successful appeal by Canadian Waste Services Inc. and the Minister of the Environment, the Court of Appeal determined the issue of costs.

The Court exercised its discretion to order no costs for either the application in the Divisional Court or the appeal.

The Court reasoned that the case involved a novel and difficult issue of statutory interpretation regarding the 1996 amendments to the Environmental Assessment Act, raised issues of public importance, and featured a significant disparity in the financial resources of the parties.

Canadian Waste Services Inc. sought to expand a landfill site and obtained the Minister of the Environment's approval for the terms of reference for an environmental assessment.

The respondents successfully applied for judicial review, with the Divisional Court quashing the Minister's decision on the basis that the terms of reference did not include all generic elements required by the Environmental Assessment Act.

On appeal, the Court of Appeal held that the Minister's decision to approve tailored terms of reference was entitled to deference and was reasonable.

The appeal was allowed and the Minister's decision was reinstated.