Energy Law

Wind Farm Wars 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 Environmental Review Tribunal (“ERT”) review an REA. This review is not an appeal of the correctness of the Director’s decision, but is limited to considering whether the project will cause serious harm to human health or serious and irreversible harm to plant life, animal life or the natural environment. The onus is on the person requiring the review to prove the...
March 9, 2015
Not All Solar Contracts End Up Sunny 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 turn down - they do all the... September 3, 2014
Supreme Court Clarifies Consultation Responsibilities 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 in British Columbia, upon principles developed in earlier cases. This case was framed to seek a declaration of title as opposed to a delineation of consultation and protection obligations regarding development of the land...
August 21, 2014