Canada
April 21 2015
The Ontario Court of Appeal overturned the Divisional Court of Ontario’s February 2014 decision, which had reinstated a Renewable Energy Approval (REA) previously revoked by the Environmental Review Tribunal (ERT). The REA was for the construction and operation of a wind farm in Prince Edward County. The Ontario Court of Appeal held that the ERT’s decision – that “serious and irreversible harm” would befall the Blanding’s turtle as a result of the project – was reasonable, but that the ERT’s decision on the appropriate remedy to grant in the circumstances – revoking the REA – was unreasonable. On that basis, the Ontario Court of Appeal remitted the issue of remedy back to the ERT to decide. As a result, although the REA has now gone through three levels of judicial consideration – the ERT, the Divisional Court and the Ontario Court of Appeal, only to be sent back to the ERT to be dealt with again – the status of the REA issued by the Ministry of the Environment, who originally approved of the project, remains unresolved. Continue...
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