PECFN Field naturalists confirm they’ll go back to court

March 11,2014

The Prince Edward County Field Naturalists (PECFN) gave notice to Gilead and the Ministry of the Environment (MOE) of its intention to request leave from the Ontario Court of Appeal to appeal the Divisional Court ruling that overturned the Environmental Review Tribunal success.

PECFN’s Chery Anderson said the Appeal Court registrar is to receive PECFN’s notice of intention Wednesday, March. 12.

“Over the next month PECFN will be preparing our legal arguments in consultation with other environmental groups.  By mid May all parties will be submitting their motions to the Appeal Court for consideration,” Anderson said. “Three judges of the Appeal Court will then consider whether to allow our appeal.  That consideration could take several weeks.  If and when leave to appeal is given, a court date will be established and that, again, will be sometime in the indeterminate future.”

Lawyers assembled in Osgoode Hall Jan. 21-23 to hear the arguments of the Ministry of the Environment and Gilead Power against the Environmental Review Tribunal ruling that revoked the minister’s approval of the nine turbine project planned for Ostrander Point, on the south shore of Prince Edward County.

The decision of the Divisional Court received Thursday Feb. 20 was that the tribunal erred in its ruling.

Unless appealed, the decision will result in the industrial development of Ostrander Point Crown Land Block on the South Shore of Prince Edward County.

Prince Edward County Field Naturalists are disappointed with the ruling of the Divisional Court and do not agree that the Environmental Review Tribunal was wrong.  Read rest of article here.

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