The appellant appealed a decision of the Environmental Review Tribunal that confirmed a Renewable Energy Approval for a wind facility project on Amherst Island.
The appellant raised nine issues, including the admission of expert evidence, consideration of mitigation measures outside the approval, factual findings regarding wildlife, and a motion to adduce fresh evidence.
The Divisional Court dismissed the appeal, finding that the Tribunal's evidentiary and procedural decisions were reasonable exercises of its discretion and statutory authority.
The court held it lacked jurisdiction to review the Tribunal's factual findings or admit fresh evidence aimed at challenging those findings, as appeals to the court are strictly limited to questions of law under the Environmental Protection Act.
