Lafarge Canada Inc. v. Ontario Environmental Review Tribunal et al., (2008) 235 O.A.C. 110 (DC)

• Judge: Kiteley, Molloy and Archibald, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: April 04, 2008
• Jurisdiction: Ontario
• Citations: (2008), 235 O.A.C. 110 (DC)

Lafarge Can. v. Env. Review Tribunal (2008), 235 O.A.C. 110 (DC)

MLB headnote and full text

Temp. Cite: [2008] O.A.C. TBEd. AP.094

Gordon Miller, the Environmental Commissioner of Ontario (moving party) v. Lafarge Canada Inc. and Ontario Environmental Review Tribunal, Susan Quinton on behalf of Clean Air Bath, Martin Hauschild and William Kelly Hineman on behalf of Loyalist Environmental Coalition, Lake Ontario Waterkeeper and 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

Kiteley, Molloy and Archibald, JJ.

April 4, 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 Environmental Commissioner of Ontario moved for leave to intervene as a friend of the court.

The Ontario Divisional Court, per Himel, J., in a decision reported 234 O.A.C. 312, dismissed the motion. The Environmental Commissioner moved to set aside or vary the decision.

The Ontario Divisional Court allowed the motion. The Environmental Commissioner of Ontario was granted leave to intervene as a friend of the court.

Practice - Topic 687

Parties - Adding or substituting parties - Intervenors - Amicus curiae - 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 Environmental Commissioner of Ontario moved for leave to intervene as a friend of the court - The Ontario Divisional Court allowed the motion - Lafarge's judicial review application was not of a private nature - The Environmental Commissioner had special knowledge and expertise in the broader context of the applicable legislation and its impact generally - He would make a useful contribution to the court's understanding of the issues involved and his intervention would not cause any prejudice to the parties - See paragraphs 1 to 21.

Counsel:

Rodney Northey, for the moving party;

Jonathan Davis-Sydor and Liliane Gingras, for Lafarge Canada Inc.;

Marlene Cashin, for Martin Hauschild and William Kelly Hineman on behalf of Loyalist Environmental Coalition;

Isabelle O'Connor, for Directors, Ministry of the Environment;

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

This motion was heard on April 4, 2008, by Kiteley, Molloy and Archibald, JJ., of the Ontario Divisional Court. The following decision of the Divisional Court was delivered orally by Molloy, J., on April 4, 2008.