The Power of Judicial Review is Not Unlimited
June 13, 2022 By Brian Babcock As we explained in an earlier article, judicial review is a process by which courts supervise the decisions of administrative bodies, to make sure that the decisions are fair, reasonable, and consistent with the law. It is generally available where there is no appeal of the decision, and the […]
FIT Suppliers Beware
September 8, 2020 By Mark Mikulasik The Government of Ontario appears to be serious about strictly enforcing and interpreting energy contracts. The recent Ontario Court of Appeal decision in Grasshopper Solar Corporation v. Independent Electricity System Operator upheld this approach in a FIT contract where the supplier was unable to meet the contractually agreed upon […]
Wind Farm Wars
[vc_row][vc_column][vc_column_text]March 9, 2015 By Mark Mikulasik The approval and review process for wind farm projects was recently considered and approved by the Divisional Court in the case of Dixon v. Director, Ministry of the Environment. Under the Environmental Protection Act, the Director may issue a Renewable Energy Approval (“REA”). Any Ontario resident may then require that the […]
Not All Solar Contracts End Up Sunny
[vc_row][vc_column][vc_column_text]September 3, 2014 By Mark Mikulasik You have a nice roof with a southern exposure or an un-shaded parcel of land – perfect to install solar panels in Thunder Bay or surrounding area, where sunshine is plentiful and makes solar contracts attractive. A vendor approaches you to sign a contract. The deal sounds too good to […]
Supreme Court Clarifies Consultation Responsibilities
[vc_row][vc_column][vc_column_text]August 21, 2014 The Supreme Court of Canada recently released two significant decisions that will affect development in Northwestern Ontario – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Grassy Narrows First Nation v. Ontario, 2014 SCC 48. Tsilhqot’in is the first case to declare the existence of Aboriginal title over approximately 1700 square kilometres of remote lands […]