Smith v Inco appeal application
Kirk Baert has kindly permitted us to post his Application to the Supreme Court of Canada for leave to appeal the Ontario Court of Appeal’s decision in Smith v. Inco. This was the first environmental contamination class action in Canada tried on its merits. The Appeal Court’s dec…
View the post titled Smith v Inco appeal applicationOrgaworld wins organic waste odour appeal
Orgaworld Canada, a composting company, has won a hard-fought appeal for permission to compost disputed wastes at its Ottawa facility, despite MOE fears about potential odours. The disputed wastes include pet faeces, urine, and organic waste in plastic bags. In rejecting the Ministry of the …
View the post titled Orgaworld wins organic waste odour appealHow much notice is enough?
A Niagara Escarpment Hearing Officer recently had to decide how many unsuccessful efforts to contact an appellant were enough.
View the post titled How much notice is enough?Hanna leave to appeal denied
On Monday, the Ontario Court of Appeal denied Ian Hanna’s request for leave to appeal the decision of the Divisional Court, which unanimously rejected his attempt to prevent Ontario from issuing renewable energy approvals for large wind turbines. Judges Goudge, MacFarland and Watt ord…
View the post titled Hanna leave to appeal deniedFlying rock a discharge?
The prosecutor asked the Court to trust the ministry not to prosecute in absurd and inappropriate circumstances.
View the post titled Flying rock a discharge?Environmental appeals have to be done right
The Environmental Review Tribunal has reminded all potential appellants that they MUST correctly file their appeals, if they want their case to be heard. In Waterdown Gardens v MOE, a prolonged dispute between the Ministry and the company resulted in two separate orders suspending their cert…
View the post titled Environmental appeals have to be done rightWind energy appeal moving fast
The first wind energy appeal to the Ontario Environmental Review Tribunal is moving quickly. The Kent Breeze approval was issued November 12, 2010. The Erickson appeal was filed on November 29. A preliminary hearing was held January 11. The hearing of the appeal began February 1 and will c…
View the post titled Wind energy appeal moving fastKent Breeze wind appeal update
Several appeals have now been launched to the Environmental Review Tribunal by opponents of the Kent Breeze wind farm, which recently received a renewable energy approval from the Ministry of the Environment. Last week, we wrote about the relatively modest appeal launched by Mr. Wachsmuth…
View the post titled Kent Breeze wind appeal updateWind Appeal launched
As predicted, the first major renewable (wind) energy approval has been appealed to the Environmental Review Tribunal. Notice of the appeal was posted on the EBR Registry. I was glad to see, though, that this applicant doesn’t allege human health impacts. Because of the relatively narr…
View the post titled Wind Appeal launchedREA status updates
As of November 9th, the MOE had received 17 applications for renewable energy approvals. Six of these have been deemed “complete” and have been posted to the Environmental Bill of Rights Registry for comments: five wind, 1 biogas. The remainder were sent back for further information, or are …
View the post titled REA status updatesReceive Blog Posts
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