The Ontario government lost another environmental court case, this time with the court laying out a litany of missteps related to the cancellation of a major wind turbine project. https://twitter.com/QPbriefing/status/1260934322720104450

The government, which has weakened endangered species legislation, revoked the permits for the project at the last minute, with Environment Minister Jeff Yurek claiming he was concerned about the welfare of bats in the region.

The local community group hadn't argued bats as an issue in its appeal. But Yurek added it after the fact.

This was despite a bat strategy the wind turbine company had adopted, and expert testimony that the number of bats there would be low, and so would mortality.

The government argued at court that the issue of bats was so obvious that it didn't need to be mentioned at all in the appeal.

Superior Court did not buy this argument, and noted the minister lacked standing to add it as an issue.

They found several other issues with Yurek's approach to the case, going to the unusual step of not sending it back to him to find a remedy. Why?

They wrote:

The court also mentioned a pressing concern for the company, which the government did not dispute.

Subscribers can read all the details behind the paywall at QP Briefing.

You can also read the ruling here: https://www.canlii.org/en/on/onscdc/doc/2020/2020onsc2984/2020onsc2984.html