The moving party, Prince Edward County Field Naturalists, sought to stay an order of the Divisional Court that reinstated a renewable energy approval for a wind energy project.
The project overlapped with the habitat of the endangered Blanding's turtle.
The Court of Appeal applied the RJR-MacDonald test and found that the proposed appeal raised serious issues of first impression in environmental law.
The Court also found that the moving party would suffer irreparable harm if the habitat was destroyed before the appeal could be heard, and that the balance of convenience favoured granting the stay.
The motion for a stay was granted.
