Walker Aggregates will be allowed to proceed with the expansion of its Duntroon quarry, after a court dismissed the Niagara Escarpment Commission’s legal challenge of the Consolidated Hearings Board’s approval of the project this week.
The challenge was heard before three judges of the superior court on April 25, 2013. The NEC argued that the two members of the Consolidated Board who supported granting Walker a new licence had made an error of law by failing to give proper weight to the Niagara Escarpment Plan, a position bolstered by the fact that a third dissenting member of the Board had argued against the proposal on those grounds.
But the court disagreed, stating that “the decision of the majority Joint Board reveals no legal error and is reasonable, given the governing legislation and policies and evidence before it.”
The court has directed the NEC to pay legal costs of $15,000 to Walker Aggregates, and $5,000 to each of the County of Simcoe and Clearview Township.
In a press release issued Wednesday, Walker Aggregates vice-president Ken Lucyshyn was in a celebratory mood.
“This is a great day for us, especially for the Duntroon Quarry employees and for the many individuals and businesses that will be supported economically by the quarry expansion,” said Lucyshyn.
The Clearview Community Coalition, who opposed the expansion alongside the NEC at the Consolidated Board Hearing, released a statement thanking its followers for their support. “This is not the decision the CCC had hoped for,” it said.
The CCC statement also called for a provision for intervener funding to be placed into the Aggregate Resources Act, which is currently under review, so that the onus doesn’t rest with citizens’ groups to bear the cost of protecting the environment.