Lafarge Canada Inc. v. Ontario Environmental Review Tribunal et al., (2008) 234 O.A.C. 312 (DC)

• Judge: Himel, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: February 19, 2008
• Jurisdiction: Ontario
• Citations: (2008), 234 O.A.C. 312 (DC)

Lafarge Can. v. Env. Review Tribunal (2008), 234 O.A.C. 312 (DC)

MLB headnote and full text

Temp. Cite: [2008] O.A.C. TBEd. MR.028

Lafarge Canada Inc. (applicant) v. Ontario Environmental Review Tribunal, Susan Quinton on behalf of Clean Air Bath, Martin Hauschild and William Kelley Hineman on behalf of Loyalist Environmental Coalition, Lake Ontario Waterkeeper and Gordon Downie, Gordon Downie, Gordon Sinclair, Robert Baker, Paul Langlois, John Fay, Ministry of the Environment (Ontario), Diane Dawber, Chris Dawber, Hugh Jenney, Claire Jenney, Mark Stratford, Jamie Stratford, J.C. Sulzenko, Janelle Tulloch, Sandra Willard (respondents)

(451/07)

Indexed As: Lafarge Canada Inc. v. Ontario Environmental Review Tribunal et al.

Court of Ontario

Superior Court of Justice

Divisional Court

Himel, J.

February 25, 2008.

Summary:

The Directors of the Ministry of the Environment issued two certificates of approval to Lafarge, a cement maker, respecting air emissions and the use of alternative fuels. The Environmental Review Tribunal granted some public interest groups and residents leave to appeal against the Directors' decision. Lafarge sought judicial review. The Industry Coalition for Environmental Fairness Inc. (ICEF) moved for leave to intervene as a party or, in the alternative, to be added as a friend of the court. The Environmental Commissioner of Ontario also moved to be added as a friend of the court.

The Ontario Divisional Court, per Himel, J., dismissed the motions.

Practice - Topic 682

Parties - Adding or substituting parties - Intervenors - Interest in subject matter - The Directors of the Ministry of the Environment issued two certificates of approval to Lafarge, a cement maker, respecting air emissions and the use of alternative fuels - The Environmental Review Tribunal granted some public interest groups and residents leave to appeal against the Directors' decision - Lafarge sought judicial review - The Industry Coalition for Environmental Fairness Inc. (ICEF) moved for leave to intervene as a party or, in the alternative, to be added as a friend of the court - The Environmental Commissioner of Ontario also moved to be added as a friend of the court - ICEF included organizations that represented companies who relied on certificates of approval for their daily operations - ICEF argued that the reviewing court's decision would have a significant impact on environmental approvals and, therefore, its members had a direct interest in the proceeding - The Ontario Divisional Court, per Himel, J., dismissed the motions - As for leave to intervene, ICEF raised issues not relevant to the proceedings subject to review, did not establish that its member organizations had an actual direct interest in the outcome and did not satisfy the court that it would make a useful and distinct contribution - As for being added as a friend of the court, neither ICEF nor the Environmental Commissioner established that they would make a useful contribution - See paragraphs 1 to 23.

Practice - Topic 685.2

Parties - Adding or substituting parties - Intervenors - On a motion - The Ontario Divisional Court, per Himel, J., discussed the test on a motion for leave to intervene as a party - See paragraphs 7 to 9.

Practice - Topic 686

Parties - Adding or substituting parties - Intervenors - Where applicant may be adversely affected - [See Practice - Topic 682 ].

Practice - Topic 687

Parties - Adding or substituting parties - Intervenors - Amicus curiae - The Ontario Divisional Court, per Himel, J., discussed the test on a motion for leave to intervene as a friend of the court - See paragraphs 10 to 13.

Practice - Topic 687

Parties - Adding or substituting parties - Intervenors - Amicus curiae - [See Practice - Topic 682 ].

Cases Noticed:

Peel (Regional Municipality) v. Great Atlantic & Pacific Co. of Canada Ltd. (1990), 74 O.R.(2d) 164 (C.A.), consd. [para. 8].

Schofield v. Ontario (Minister of Consumer and Commercial Relations) (1980), 28 O.R.(2d) 764 (C.A.), consd. [para. 9].

Gould Outdoor Advertising v. London (City) - see Pattison (Jim) Enterprises Ltd. v. London (City).

Pattison (Jim) Enterprises Ltd. v. London (City) (1997), 29 O.T.C. 236; 32 O.R.(3d) 355 (Gen. Div.), consd. [para. 9].

John Doe et al. v. Information and Privacy Commissioner (Ont.) et al. (1991), 53 O.A.C. 236; 7 C.P.C.(3d) 33 (Div. Ct.), consd. [para. 9].

United Parcel Service Canada Ltd. v. Highway Transport Board (Ont.) (1989), 36 O.A.C. 249 (Div. Ct.), consd. [para. 9].

Stadium Corp. of Ontario Ltd. v. Toronto (City) (1992), 10 O.R.(3d) 203 (Div. Ct.), revd. (1993), 62 O.A.C. 371; 12 O.R.(3d) 646 (C.A.), consd. [para. 9].

Ethyl Canada Inc. v. Canada (Attorney General) et al. (1997), 45 O.T.C. 216 (Gen. Div.), consd. [para. 9].

Peixeiro et al. v. Haberman (1994), 20 O.R.(3d) 666 (Gen. Div.), consd. [para. 11].

Authorson v. Canada (Attorney General) (2001), 147 O.A.C. 355 (C.A.), consd. [para. 11].

Halpern v. Toronto (City) Clerk - see Halpern et al. v. Wong et al.

Halpern et al. v. Wong et al. (2000), 139 O.A.C. 300; 51 O.R.(3d) 742 (Div. Ct.), consd. [para. 13].

Keeprite Workers' Independent Union v. Keeprite Products Ltd. (1980), 29 O.R.(2d) 513 (C.A.), refd to. [para. 15].

Pearson v. Inco Ltd. et al. (2005), 195 O.A.C. 77; 21 C.E.L.R.(3d) 270 (C.A.), consd. [para. 20].

Authors and Works Noticed:

Scriven, David, and Muldoon, Paul, Intervention as a Friend of the Court: Rule 13 of the Ontario Rules of Civil Procedure (1986), 6 Adv. Q. 448, generally [paras. 11, 13].

Counsel:

Gabrielle K. Kramer and Christel Higgs, for the Industry Coalition for Environmental Fairness Inc., moving party;

Rodney Northey, for the Environmental Commissioner of Ontario, moving party;

Jonathan Davis-Sydor, for Lafarge Canada Inc.;

Richard D. Lindgren, for Lake Ontario Waterkeeper and Gordon Downie;

Joseph F. Castrilli, for Gordon Downie, Gordon Sinclair, Robert Baker, Paul Langlois and John Fay;

Hugh Wilkins and Marlene Cashin, for the Loyalist Environmental Coalition;

Isabelle M. O'Connor, for the Directors, Ministry of the Environment.

These motions were heard on February 19, 2008, by Himel, J, of the Ontario Divisional Court, who released the following endorsement on February 25, 2008.