Court File and Parties
CITATION: Laforme v. Corporation of the Town of South Bruce Peninsula, 2021 ONSC 2346
DIVISIONAL COURT FILE NO.: 638/20
DATE: 20210329
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: THOMAS LAFORME, Applicant
AND:
CORPORATION OF THE TOWN OF SOUTH BRUCE PENINSULA and GREY SAUBLE CONSERVATION AUTHORITY, Respondents
BEFORE: McWatt A.C.J.S.C.J., D.L. Corbett and Favreau JJ.
COUNSEL: Kent Elson and Amanda Montgomery, for Mr Laforme Jonathan Lisus, James Renihan and Jasmine K. Landau, for Corporation of the Town of South Bruce Peninsula No One Appearing for Grey Sauble Conservation Authority
Endorsement
The Court:
[1] This application was argued before us on March 22, 2021. It was scheduled on an expedited basis in lieu of a contested stay motion, so that, if the application were dismissed, the respondent Town would be able to complete the contested work before return of the Piping Plover to the beach in about mid-April.
[2] We reserved our decision after argument on March 22nd and advised the parties that we would try to provide the court’s “bottom line” by March 29, 2021. This endorsement sets out our “bottom line” decision. Our reasons for this decision will follow in due course.
[3] This court orders that:
a. The relief requested in paragraph 1(a) of the Amended Notice of Application is granted, the Permit is quashed, and the Town’s application for a permit is remitted back to the Grey Sauble Conservation Authority;
b. The balance of the application is dismissed, aside from costs;
c. The issue of costs shall be addressed in or after release of this court’s reasons.
[4] The Grey Sauble Conservation Authority will require our reasons before deciding the Town’s permit application. The court will try to provide reasons by June 30, 2021.
[5] This endorsement sets out the “bottom line” decision of this court and does not imply that we are unanimous on all points in this application.
McWatt A.C.J.S.C.J.
D.L. Corbett J.
Favreau J.
Date: March 29, 2021