Environmental Tribunal Blocks Afterthought Grounds For Leave To Appeal

Ontario's Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act.

The developer, Brimley Progress Developments, wants to build residential condominiums right next door to an existing heavy industry. This is the sort of short-sighted development that has been choking employers in urban areas across Ontario. More than 15 years ago, the Ministry of the Environment issued guidelines about the need for buffer spaces between industry and residences. However, the Ontario Municipal Board doesn't enforce the guidelines, and now neither does the MOE.