Divisional Court’s Decision on the Stay Appeal

Dear APPEC Members,

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

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