PECFN Files for Leave to Appeal Divisional Court Ruling

sign blanding turtleSave Ostrander Point
For immediate Release
Picton: PECFN has filed their submission to the Court of Appeal asking for leave to appeal the Divisional Court reversal of the decision of the Environmental Review Tribunal. Last July the Tribunal revoked the approval of a Gilead Power wind turbine project at Ostrander Point Crown Land Block in the centre of the Prince Edward County South Shore Important Bird Area. There have been more than 20 appeals of Renewable Energy Approvals since the Green Energy Act came into effect in 2009. All but the PECFN appeal resulted in dismissals. In allowing PECFN’s appeal, the Tribunal rendered a landmark and precedent-setting decision.

Soon after the Divisional Court decision Gilead Power announced its intention to start construction in April. PECFN brought an urgent motion for a Stay of construction and leave to appeal the Divisional Court decision to the Court of Appeal. In his decision submitted on March 25, Judge Blair of the Appeal Court held that he had “no hesitation in granting the Stay” because the issues raised on the proposed appeal are of “broad public implication in the field of environmental law”. Further he found that the irreparable harm criterion had been satisfied on the basis that “once a habitat is destroyed, it is destroyed – for at least short-term purposes, in any event – and the species sought to be protected here is a vulnerable and endangered species.” Read article

2 thoughts on “PECFN Files for Leave to Appeal Divisional Court Ruling

  1. Judge Blair seems to be a very smart person, so with a bit of luck maybe the judges who eventually render a final decision on this, will also show their intelligence by finding in favour of PECFN & the Blandings Turtle.

  2. ‘[excerpt] And the tally of Ministry and court resources spent at ‘Ostrander Point’ approaching $100 million…’

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