Justice refuses to give CCSAGE protection from costs and will not compel the government agencies to produce records of their decisions regarding White Pines Wind Development
As members will be aware, CCSAGE, through our lawyer, Alan Whitely, filed motions at the Superior Court in Ottawa last June 14 and 15 regarding our Judicial Review Application. Our motions sought to protect CCSAGE from costs, and to compel the government agencies to produce the records of their decisions regarding the approval of wpd White Pines and the transmission lines. A motion was filed by OEB regarding their removal from the case.
In his decision on these Motions, issued on January 9, 2018, Justice Labrosse essentially denied all of our requests but did allow OEB to be removed from the case.
CCSAGE has studied Justice Labrosse’s decisions and found them to contain numerous errors and misunderstandings. Consequently, we are appealing all the negative decisions to the Divisional court. Both the Labrosse decision and our appeal are posted here. The appeal is actually called a “Notice of Motion to Vary”
We believe our arguments are sound and that our Judicial Review application is more important than ever given the recent political events which make it less certain that the next provincial government will repeal the Green Energy Act.
Anyone who wishes to read Justice Labrosse’s decision and the reasons for our lawyers appeal of that decision will find them on the Legal Issues page on this site.