Victory for the Environment and Citizen Rights at Court of Appeal

The Ontario Court of Appeal dismissed (with costs and without reasons) Lafarge Canada's motion for leave to appeal the Divisional Court decision that had rejected Lafarge's judicial review application last June. Lafarge was attempting to quash the decision by the Environmental Review Tribunal (ERT) to grant CELA's clients (and other parties) leave to appeal two waste-burning permits that had been issued by the MOE in late 2006. As a result, Lafarge has announced that it is withdrawing its proposal to burn waste at the cement plant near Bath, and the ERT hearing (originally slated to last 10 weeks) will be terminated shortly. More importantly, the Court of Appeal's decision leaves intact the ERT's precedent-setting leave decision under the Environmental Bill of Rights, which will greatly assist other residents and groups who wish to appeal problematic approvals issued by MOE.