Ont SCJ Dismisses Application in Sierra Club Canada v. Ontario

The Ontario Superior Court of Justice has dismissed the application for judicial review in Sierra Club Canada v. Ontario.

In doing so, they refused to determine whether the evidence put before the Minister of Natural Resources, Linda Jeffrey, was sufficient in determining the threat to Species at Risk (SARs) from the construction of an additional crossing at Windsor-Detroit.  The court also rejected the argument that the precautionary principle used extensively in environmental law was an overarching consideration that must be adhered to when considering competing interests.

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