Public access to approvals documents at Environmental Tribunal – Part 2
As mentioned in our previous post, there is a limited right of public access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, during an application for leave to appeal that ECA to the Environmental Review Tr…
View the post titled Public access to approvals documents at Environmental Tribunal – Part 2Public access to approvals documents at Environmental Review Tribunal
Per two of our recent victories at the Environmental Review Tribunal, the public has a limited right of access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, when seeking leave to appeal that ECA. In Briml…
View the post titled Public access to approvals documents at Environmental Review TribunalFreedom of expression before environmental regulators and tribunals?
Environmental regulators and tribunals bear substantial responsibilities and make important decisions regarding development in Canada. If they won’t listen to opponents of a project, will they breach the Canadian Charter of Rights and Freedoms? The issue has been raised before the cour…
View the post titled Freedom of expression before environmental regulators and tribunals?Northstar directors liability to be decided by Environmental Tribunal
The Ontario Superior Court will not take over the hearing of the appeal of the former Northstar directors against their personal cleanup order for TCE contamination in Cambridge Ontario. The former directors applied to the Commercial List of the Superior Court of Justice to change the venue …
View the post titled Northstar directors liability to be decided by Environmental TribunalNo appeal from Environmental Review Tribunal refusal of stay pending appeal
She ruled that the Legislature intended orderees to have no remedy if the Tribunal turns down their request for a stay pending appeal, regardless of the financial consequences and of the potential invalidity of the Order.
View the post titled No appeal from Environmental Review Tribunal refusal of stay pending appealInnocent owner Kawartha Lakes loses at Court of Appeal
The Ontario Court of Appeal has upheld a decision of the Environmental Review Tribunal, refusing to allow an innocent landowner, City of Kawartha Lakes, to lead evidence about the actual polluters. Everyone agreed that the City was completely innocent of the fuel spill, which flowed onto mun…
View the post titled Innocent owner Kawartha Lakes loses at Court of AppealEnvironmental Tribunal blocks afterthought grounds for leave to appeal
Ontario’s Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act…
View the post titled Environmental Tribunal blocks afterthought grounds for leave to appealStrong opposition to sewage processing facility foiled by filing error
Lystek’s controversial sewage sludge processing facility in Southgate, Ontario, will not face an appeal of its Environmental Compliance Approvals, because opponents, after fighting the facility for so long, made a critical error in seeking leave to appeal. See Green v. Ontario.
View the post titled Strong opposition to sewage processing facility foiled by filing errorWaterpower projects can't be reviewed because they don't get review?
So, waterpower development can't be reviewed by the ERT, because it gets only minimal scrutiny under the Environmental Assessment Act. Given the substantial adverse environmental impacts that waterpower development can have, it is incongruous to exempt it so fully from public review.
View the post titled Waterpower projects can't be reviewed because they don't get review?Environmental Review Tribunal appeal notices must be complete
The Environmental Review Tribunal has dismissed an anti-wind appeal, because the neighbours opposed to the project did not file a proper notice of appeal: Ball v. Director. Several appeals were also dismissed in Monture v. Ontario, Ministry of the Environment, because the notices of appeal w…
View the post titled Environmental Review Tribunal appeal notices must be completeReceive Blog Posts
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