The Court upheld an Environmental Protection Order issued by the Minister of the Environment as valid under the Environmental Management and Protection Act. The Court held that the appellants had been properly notified of the Minister’s intent to issue the order, and that despite the fact that the appellants no longer occupied the property in question, the Order conformed with the “polluter pay” principle established by the Supreme Court of Canada.

24. July 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Contaminated sites – Remediation – Judicial review – Compliance with legislation Envirogun Ltd. v. Saskatchewan (Minister of Environment), [2012] S.J. No. 320, 2011 SKQB 339, Saskatchewan Court of Queen’s Bench, September 16, 2011, J.E. McMurty J. The Appellants, Envirogun Ltd. and ...

A person may bring a legal proceeding to challenge the decision of a public or quasi-public body only if the person’s private rights are directly affected by the decision, or the person is exceptionally prejudiced by the decision in a manner different from the general public. In the alternative, a Court has discretion to grant public interest standing, where a party does not have personal standing. A group opposing the decision of the Director, Ministry of the Environment to issue a Renewable Energy Approval for the construction and operation of a Class 4 wind facility in the Township of Mapletown, did not meet the test for public interest standing as it did not establish that a genuine interest in the issues raised. As well, PMI had an appeal right to the Environmental Review Tribunal, which it had exercised.

26. June 2012 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Environmental matters – Judicial review – Parties – Standing – Public interest – Procedural requirements and fairness – Compliance with legislation Preserve Mapleton Inc. v. Ontario (Director, Ministry of the Environment), [2012] O.J. No. 2037, 2012 ONSC 2115, Ontario Superior Court of Justice, April ...

Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial – Public interest – Environmental matters – Wildlife habitat – Environmental impact assessment – Protections of species – Judicial review application – Delay – Bias – Procedural requirements and fairness – Compliance with legislation – Standard of review – Reasonableness simpliciter Sierra Club Canada v. Ontario ...

The Alberta Court of Appeal held that the Energy Resources Conservation Board’s decision to reject expert evidence submitted after the deadline was a proper exercise of its discretion under the Energy Resources Conservation Act

28. June 2011 0
Administrative law – Decisions of administrative tribunals – Energy Resources Conservation Board – Environmental matters – Oil wells – Protections of species – Evidence – Expert reports – Admissibility – Appeals – Leave to appeal – review – Jurisdiction – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Correctness ...