Federal Appeal

Environmental Law

Statutory protection of environment

Approvals, licences and orders

Ministry of environment not owing chemical company duty of fairness

Respondent ministry of environment proposed addition of chemical produced by applicant company G, to toxic substance list. G filed notice of objection, and requested that board of review be convened. Ministry refused this request, stating that there was no new scientific evidence to change their assessment. G applied for judicial review, but was unsuccessful. G appealed from judicial review decision. Appeal dismissed. G was not owed duty of fairness by ministry. G’s interests were not compromised by non-production of later study. Issue was at best premature. G was not deprived of any opportunity to make submissions. Minister used discretion properly, and did not fail to use proper test. Any new evidence did not contradict conclusions previously arrived at.

Goodyear Canada Inc. v. Canada (Environment) (2017), 2017 CarswellNat 3185, 2017 FCA 149, David Stratas J.A., Donald J. Rennie J.A., and J. Woods J.A. (F.C.A.); affirmed (2016), 2016 CarswellNat 2115, 2016 CarswellNat 2737, 2016 FC 466, 2016 CF 466, James W. O’Reilly J. (F.C.).


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