Protect Our Water & Environmental Resources v. Ontario (Director, Ministry of Environment)

摘要

Director, Ministry of Environment, issued company amended permit to take water from quarry - Residents of area near quarry and environmental organization applied for leave to appeal amended permit - Application dismissed - Residents had standing to seek leave to appeal - Some members of environmental organization resided near quarry -Mandate of organization was, among other things, to focus on water-related issues -Organization had interest in decision and therefore standing to seek leave to appeal -Company and Director objected to paragraphs in residents' and organizations' reply submission - Reply's references to karst geology modestly expanded on some points made in application for leave, but was allowable since no new argument to grant leave was made - Statement that Niagara Escarpment was world biosphere reserve was allowable, given that it was mere statement without new argument as to significance of designation - Blasting was raised in application for leave and reply did not significantly expand on issue or raise any new issue, but rather was limited elaboration helpful to understanding issue - Brief discussion of study could not be relied on because study itself was not in evidence - References as to likely differences between submitted draft report of environmental consulting firm and final conclusions were to be expunged - Letter from firmrnas to direction of final conclusions was considered - Residents and organization did not meet lest for leave to appeal.