“It is unfair to say the least that APPEC was given six months to prepare and make its case while wpd has been given an excessive amount of time to do this at the remedy hearing, and that APPEC is in the position of having to foot the bill in order to protect Ontario’s at-risk species.”
On October 5 the Tribunal suspended the remedy hearing schedule in order to adjudicate a number of motions from APPEC. The Tribunal’s rulings on the motions could be days, weeks or even a month-plus away.
1. Referral to the Director
This motion is for an Order of the Tribunal to remit the REA (Renewable Energy Approval) for the White Pines wind project back to the Director of the Ministry of the Environment and Climate Change (MOECC) for reconsideration in light of the amendments proposed by wpd. A large number of significant amendments to the Project have been proposed. As a result this Project can no longer be said to be the Project “as approved” by the Director.
2. Striking Respondents’ Evidence
Affidavits from witnesses for wpd and the MOECC raise issues that as a matter of law could only be properly raised at the main hearing. In effect both wpd…
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