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ARTICLE · 31 JULY 2026

A Refresher In The Dos And Don’ts Of Challenging Municipal Decisions

The Ontario Divisional Court has issued a pair of decisions in a contentious dispute over a proposed Battery Energy Storage System in Ottawa, addressing both a community group's motion to halt development and a developer's motion to strike portions of the challenge. These procedural rulings offer critical insights into the standards courts apply when reviewing municipal land-use decisions and the evidentiary requirements parties must meet when challenging or defending development approvals.

CanadaLitigation, Mediation & Arbitration

In March 2026, the Ontario Divisional Court decided a pair of motions in the matter of West Carleton Community Alliance v. The City of Ottawa et al,1 arising from a charged dispute over a proposed Battery Energy Storage System (BESS) in Ottawa.

The background

An affiliate of Evolugen and Brookfield Renewable (the Proponent) won a contract from Ontario's electrical power system authority to build a large battery storage facility on land it owns in Ottawa. On the Proponent’s application, Ottawa City Council passed a Municipal Support Resolution (MSR) in June 2025, which indicated that the City was willing to host the BESS. Then, in December 2025, Council approved a zoning by-law amendment redesignating nine hectares of the 81-hectare property from "rural countryside" to "rural general industrial exception zone" to allow the BESS on that portion of the property.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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