Decision on White Pines construction stands: Ontario Divisional Court

Court cannot rule when quasi-judicial Environmental Review Tribunal gave no reasons for decision
Blandings turtles: endangered but not protected by Ontario government
Blandings turtles: endangered but not protected by Ontario government
Ontario Divisional Court ruled yesterday that it cannot overturn a decision made by the Environmental Review Tribunal, on the motion for a stay in construction activities for the White Pines power project in Prince Edward County. White Pines’ approval was overturned at appeal, and the ERT is now waiting on submissions for “remedy” hearings.
Here is a statement from the Alliance to Protect Prince Edward County.
Late this afternoon we received word from the Ontario Divisional Court that our appeal of the motion for a stay has been dismissed. 
 
APPEC provided evidence from four expert witnesses of serious and irreversible harm to Blanding’s turtles if WPD proceeds with vegetation clearing.  What APPEC could not provide to the Court however was the ERT’s reasons for its decision of last week to dismiss our stay as the ERT never provided reasons.  Justice Stewart noted in her decision that “the specific grounds of any such appeal are uncertain given the fact that reasons for the decision are still forthcoming.”   
 
By not providing any reasons for dismissing our motion for a stay the ERT has handcuffed APPEC in appealing its decisions.     
 
According to the Court this disposition is without prejudice to the entitlement of the Appellant (APPEC) to renew its motion if it so chooses “on a fuller record that will include the reasons for the Tribunal’s decision under appeal.”
Regards,
Orville Walsh
President, APPEC
To help with fundraising, or for more information on these proceedings and the fight in Prince Edward County, go to www.savethesouthshore.org
ToughonNature

Comments

Raymond Beaudry
Reply

The provincial Liberal government appears to making up the rules as they go. They probably never expected an ERT appeal to be successful for the appellants.Destroying habitat in the meantime is what the provincial Liberals allow for these projects.
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Wind Concerns Ontario
Reply

As CanWEA’s lawyer stated at a hearing in court for Ostrander Point, “This [a successful appeal] was never supposed to happen.”

Barbara
Reply

Now the ERTs don’t have to supply reasons to the court?

Raymond, look at the deal that is in progress for Fortis Inc. to acquire ITC Holdings.

This combination will have already owned connector transmissions lines to New York, Michigan and with Pennsylvania if the Nanticoke project is approved.

So these renewable energy projects must get through so that electricity can be sold to the U.S. by developers and transmission companies.

What happens to people and the environment doesn’t matter.

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