The Court dismissed an application for judicial review of a decision of the Ontario Environmental Review Tribunal, which had granted leave to appeal the decisions of two Directors of the Ministry of the Environment granting Certificates of Approval under the Environmental Protection Act. The Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal’s finding that the standard of proof for leave to appeal the Directors’ decision was less than a balance of probabilities. In addition, the Tribunal’s decision was reasonable in that there was a proper basis for the Tribunal to grant leave to appeal.

Administrative law – Decisions of administrative tribunals – Environmental Review Board – Ministerial decisions – Environmental issues – Judicial review – Appeals – Leave to appeal – Evidence – Standard of proof – Compliance with legislation – Standard of review – Reasonableness simpliciter Lafarge Canada Inc. v. Ontario (Environmental Review Tribunal), [2008] O.J. No., 2460, ...