Sarah Alexandra McIntyre Kromkamp

The Prince Edward County South Shore Conservancy brought a motion for party status to address the remedy in an appeal of a Renewable Energy Approval for the Ostrander Point Wind Park.

The Environmental Review Tribunal dismissed the request for party status but granted the alternative request for participant status.

The Tribunal ordered that the Conservancy may participate in motions but may not bring them, with reasons to follow.

The appellant appealed a Divisional Court decision that set aside an Environmental Review Tribunal's revocation of a Renewable Energy Approval for a wind farm project.

The Tribunal had found the project would cause serious and irreversible harm to the Blanding's turtle due to increased road mortality.

The Court of Appeal held the Divisional Court erred in its standard of review application, finding the Tribunal's decision on serious and irreversible harm was reasonable despite lacking precise numerical data.

However, the Court of Appeal agreed the Tribunal erred in revoking the approval without allowing the parties to make submissions on the appropriate remedy.

The matter was remitted to the Tribunal to determine the remedy.

The Crown appealed a decision of the Ontario Court of Justice which held that the Crown could not appeal a judicial stay of proceedings under the Provincial Offences Act, but rather had to proceed by way of certiorari.

The Court of Appeal allowed the appeal, applying the Supreme Court of Canada's reasoning in Jewitt to find that a judicial stay is tantamount to a dismissal.

Therefore, the Crown has a right of appeal under section 116(1)(b) of the Provincial Offences Act.