S.C.C. Rules in Favour of OPG

The Supreme Court of Canada has brought to an end an attempt to stop Ontario Power Generation Inc. from proceeding with its Bruce Used Fuel Dry Storage Project. The decision was rendered on March 7, 2002. The project is designed to store spent nuclear fuel after its use in generating stations at the Bruce Nuclear Power Development. An environmental assessment concluded that with appropriate mitigation measures and monitoring, the project is not likely to cause significant environmental effects. The Atomic Energy Control Board (now the Canadian Nuclear Safety Commission), then approved the construction of the project. A local public interest group that had participated in the environmental assessment process brought an application to the Federal Court of Canada for judicial review of the environmental assessment. Following the dismissal of its application, the group appealed to the Federal Court of Appeal, which dismissed the appeal.
The S.C.C. has dismissed the group’s application for leave to appeal. John Laskin of Torys LLP acted for OPG, with assistance from Cara Clairman and Tycho Manson. Brian Saunders of the Department of Justice acted for the respondents, the Minister of the Environment, the Minister of Fisheries and Oceans and the Atomic Energy Control Board. Earl Cherniak, Q.C., and Kirk Stevens of Lerner & Associates LLP, and Rodney Northey of Birchall Northey acted for the applicant. Donald Affleck, Q.C., of Kelly Affleck Greene acted for the applicant, along with Rodney Northey at the application for judicial review stage.