Grain Farmers of Ontario v. Ontario (Ministry of the Environment and Climate Change)

摘要

Remedies-Injunctions - Availability of injunctions - Injunctions in specific contexts - Restraint of government acts - Miscellaneous-Applicant GFO represented 28,000 producers of corn, soybean and wheat in Ontario - Province of Ontario regulated classification, use, transportation and disposal of pesticides under Pesticides Act - In July 2015, new conditions were created for sale and control of neonicotinoid-treated seeds - Regulation was passed in response to concerns that neonicotinoid, which was insecticide, had toxic effect on bees and other beneficial insects that provided essential pollination - Fanners wishing to use neonicotinoid-treated seeds on more than SO per cent of their lands would be required to prepare pest assessment report ("PAR") - GFO applied for stay of all sections of Ontario Regulation - Application dismissed - Court could not grant injunctive relief to stay Regulation - Use of farmlands in Ontario had been subject of extensive regulation regarding use of pesticides - Regulation sought to be stayed actually provided exemption to ban on neonicotinoid-treated seeds by putting in place transition period in its implementation - Status quo was not unfettered rights of farmers to do as they pleased with neonicotinoid-treated seeds but prohibited use of pesticide unless accompanied by PAR - Balance of convenience favoured dismissal of motion for stay - Loss by farmers was purely speculative - By contrast, there was public interest aspect to ensuring control of use of neonicotinoid-treated seeds to ensure that pollinators were not at risk - In any event, GFO's application disclosed no reasonable cause of action - It was not asking for determination of rights that depended on interpretation of Regulation but re-writing of Regulation in manner that would permit effects of Regulation to be delayed to its advantage - Court did not have jurisdiction to effectively grant stay in guise of declaration of Regulation which was otherwise unchallenged.