COURT FILE NO.: 451/07
DATE: 20080410
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
lederman, swinton and low jj.
B E T W E E N:
LAFARGE CANADA INC.
Applicant
- and -
ONTARIO ENVIRONMENTAL REVIEW TRIBUNAL, SUSAN QUINTON on behalf of CLEAN AIR BATH, MARTI N HAUSCHILD and WILLIAM KELLEY HINEMAN on behalf of LOYALIST ENVIRONMENTAL COALITION, LAKE ONTARIO WATERKEEPER and GORDON DOWNIE, GORDON DOWNIE, GORDON SINCLAIR, ROBERT BAKER, PAUL LANGLOIS, JOHN FAY, MINISTRY OF THE ENVIRONMENT (ONTARIO), DIANE DAWBER, CHRIS DAWBER, HUGH JENNEY, CLAIRE JENNY, MARK STRATFORD, JAMIE STRATFORD, J.C. SULZENKO, JANELLE TULLOCH, SANDRA WILLARD
Respondents
David Crocker, for the Applicant
Joseph F. Castrilli, for Gordon Downie, Gordon Sinclair, Robert Baker, Paul Langlois, John Fay and Lake Ontario Waterkeeper and Gordon Downie
HEARD at Toronto: April 9, 2008
LEDERMAN J.: (Orally)
[1] Certain of the respondents move to strike Exhibit "J" to the Affidavit of Richard Lalonde submitted by the Ministry of the Environment. Exhibit "J" is the delegation of authority made in respect of the Minister of the Environment's powers under s.11 of the Environmental Bill of Rights.
[2] The Ministry is tendering Exhibit "J" to show that the obligation under s.11 of the statute rests with the Minister and has not been delegated to others. This constitutes additional evidence that the Ministry now wishes to submit to bolster its position that the Directors did not and need not have directly considered the Statement of Environmental Values.
[3] Exhibit "J" was not part of the record before the tribunal and was not in evidence before it. It's only in rare circumstances such as to show jurisdictional error that parties are allowed to supplement the record on a judicial review application. This is not such a case. Exhibit "J" is therefore inadmissible and will be struck from the affidavit.
LEDERMAN J.
SWINTON J.
LOW J.
Date of Reasons for Judgment: April 9, 2008
Date of Release: April 15, 2008
COURT FILE NO.: 451/07
DATE: 20080409
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
lederman, swinton and low jj.
B E T W E E N:
LAFARGE CANADA INC.
Applicant
- and -
ONTARIO ENVIRONMENTAL REVIEW TRIBUNAL, SUSAN QUINTON on behalf of CLEAN AIR BATH, MARTI N HAUSCHILD and WILLIAM KELLEY HINEMAN on behalf of LOYALIST ENVIRONMENTAL COALITION, LAKE ONTARIO WATERKEEPER and GORDON DOWNIE, GORDON DOWNIE, GORDON SINCLAIR, ROBERT BAKER, PAUL LANGLOIS, JOHN FAY, MINISTRY OF THE ENVIRONMENT (ONTARIO), DIANE DAWBER, CHRIS DAWBER, HUGH JENNEY, CLAIRE JENNY, MARK STRATFORD, JAMIE STRATFORD, J.C. SULZENKO, JANELLE TULLOCH, SANDRA WILLARD
Respondents
ORAL REASONS FOR JUDGMENT
LEDERMAN J.
Date of Reasons for Judgment: April 9, 2008
Date of Release: April 15, 2008