The November 2009 decision by the Environmental Review Tribunal in
Kawartha Lakes v. Ontario (Ministry of the Environment)
has been touted as the death of the fairness principle. However, a
careful review of the decision suggests that such a claim may be
overstated. Published in the
March 2010 (Vol. 19, No. 3) edition of
Environews, the
newsletter of the Environmental Law Section of the Ontario Bar
Association.
Bennett Jones