Friends of Simcoe Forests Inc. Wins Court Challenge Against Minister of Municipal Affairs and Housing

The Friends of Simcoe Forests Inc (“FSF”) won a major court challenge against the Minister of Municipal Affairs and Housing (“Minister”) in the ongoing dispute over locating a waste facility in the Freele County Forest.

FSF had filed a challenge before the Ontario Divisional Court of the Minister’s decision to approve and facilitate the construction of a waste management facility in the Freele County Forest, which is a natural heritage area.

The Minister had approved Official Plan Amendment 2 (“OPA 2”) to allow the County of Simcoe to construct the waste management facility in the forest.  FSF appealed OPA 2 to the Local Planning Appeal Tribunal on the basis that it contravened the natural heritage provisions in the Growth Plan for the Greater Golden Horseshoe 2017. (“2017 Growth Plan”)

While FSF’s appeal was pending, the Provincial Cabinet approved a new Growth Plan. Although the natural heritage provisions in the new Growth Plan were essentially the same as the 2017 Growth Plan, the Minister revoked the application of the Growth Plan from OPA 2 by passing a transitional regulation. The Minister’s decision effectively eviscerated the main ground of FSF’s appeal before the Local Planning Appeal Tribunal.

FSF challenged the Minister’s decision before the Ontario Divisional Court.  Today, the Court issued a decision declaring the transition regulation was beyond the Minister’s authority and ruled it be of “no force and effect.”  In rendering its decision, the Court noted that the Minister’s decision was “antithetical to the values underlying the rule of law.”

Mary Wagner, president of FSF stated” We are thrilled with the outcome of the court case! We are very pleased that the Court upheld our position that the Minister acted beyond the scope of his authority. This case establishes an important precedent for planning decisions and the rule of law.”

For further Information please contact:

Mary Wagner 1 (705)716 6564

Ramani Nadarajah, counsel, Canadian Environmental Law Association, 647 234 -4424.

Follow this link to an article at Simcoe.com for more information