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Mandamus application to compel issuance of Renewable Energy Approval dismissed; no clear legal duty found.
The applicants sought an order of mandamus to compel the Ministry of the Environment to issue a Renewable Energy Approval for a wind energy project, or alternatively, to compel a decision.
The applicants argued they had a legitimate expectation of a decision within six months based on a Ministry service standard.
The Divisional Court dismissed the application, finding no clear legal duty to issue the approval and no enforceable right arising from the service standard.
The Court also held that the Director reasonably postponed the decision due to pending litigation regarding the Crown's duty to consult aboriginal people.
Declaratory relief was also denied.
Informal neighbour agreement created only revocable licence, not enforceable easement.
Neighbouring landowners claimed a right to cross the defendants’ property based on an informal arrangement with the defendants’ predecessor in title and a registered notice of an unregistered right-of-way.
The defendants brought a motion for summary judgment to expunge the notice and dismiss the action.
The court held the arrangement created only a revocable licence rather than an easement, noting the parties had deliberately avoided creating a formal easement and the alleged agreement was vague, unwritten, and unenforceable under the Statute of Frauds.
The court further held that the arrangement would also be void under s. 50 of the Planning Act and declined to impose an equitable easement.
Summary judgment was granted, the notice was expunged from title, and the action was dismissed.
