Court File and Parties

CITATION: Alliance to Protect Prince Edward County v. wpd White Pines Incorporated, 2016 ONSC 3195

DIVISIONAL COURT FILE NO.: DC-16-00000-142-0000

DATE: 20160516

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: ALLIANCE TO PROTECT PRINCE EDWARD COUNTY, Appellant

AND:

wpd white pines incorporated AND DIRECTOR, MINISTRY OF THE ENVIRONMENT AND CLIMATE CHANGE, Respondents

BEFORE: Stewart J.

COUNSEL: Eric K. Gillespie, for the Appellant

Sylvia Davis, for the Respondents Ministry of the Environment and Climate Change and Patrick Duffy and James Wilson, for wpd White Pines Incorporated

HEARD at Toronto: In writing

ENDORSEMENT

[1] The parties have been unable to resolve the issue of costs of the motion and have delivered written submissions in that regard.

[2] The Respondent wpd White Pines Incorporated seeks costs of its attendance in court to respond to APPEC’s motion for a stay which was heard and dismissed by me on March 30, 2016.

[3] The Respondent seeks such costs of including costs of preparation of material for consideration on the motion, on a partial indemnity basis in the amount of $6,156.71.

[4] APPEC submits that due to its public interest litigant character there should be no costs of the motion or, alternatively, that the issue of costs ought to be deferred pending any potential further appeal of the issues it has raised.

[5] APPEC further advises that it was ultimately successful in obtaining the interim remedy sought from a panel of the Environmental Review Tribunal, by virtue of a decision dated April 11, 2016.

[6] I agree with the submissions advanced by APPEC. In all of the circumstances, I therefore consider that there should be no costs of this motion.

Stewart J.

Date: May 16, 2016