Decision on White Pines construction stands: Ontario Divisional Court
Court cannot rule when quasi-judicial Environmental Review Tribunal gave no reasons for decision
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.”
To help with fundraising, or for more information on these proceedings and the fight in Prince Edward County, go to www.savethesouthshore.org