The moving parties and responding parties both brought motions under s. 21(5) of the Courts of Justice Act to vary or set aside an earlier order that denied a stay of a Renewable Energy Approval but granted an injunction subject to an undertaking as to damages.
The Divisional Court held that Rule 63.02 does not confer jurisdiction to stay a Renewable Energy Approval, as it is not an 'order' within the meaning of the rule.
The court found no error in the motion judge's exercise of inherent jurisdiction to grant injunctive relief under Rule 40 instead.
Both the motion and cross-motion were dismissed.
