Here's the two cents on Justice Gray's decision concerning the HCBP occupation as of one hour ago.
GUELPH, ON, August 13, 2009 – Superior Court Justice Gray has issued his decision regarding two motions heard earlier this week regarding Guelph’s Hanlon Creek Business Park.
The City was successful in obtaining an injunction to keep people from trespassing and interfering with construction activities in relation to the Phase 1 lands. The Sheriff, as agent of the court, will be responsible for upholding the court order through the Guelph Police Department.
The Court also agreed with the City that the Ministry of Natural Resources has sole authority under the Endangered Species Act, including the authority to issue a stop work order, and has allowed the Minister of Natural Resources up to 30 days within which to consider the matter. During that time the Tributary "A" culvert and crossing works will be suspended. At the expiry of 30 days (or sooner if the Minister signifies in writing that she does not intend to issue an order under the Endangered Species Act, 2007 or if she issues such an order), the Court's order respecting further work on the lands will terminate.
In the meantime, the City of Guelph continues to work with the Ministry of Natural Resources. "We're pleased with Justice Gray's decision," says Guelph's mayor Karen Farbridge. "It sets the stage for more constructive dialogue with MNR in the coming month and beyond."
Guelph’s Chief Administrative Officer Hans Loewig shares Mayor Farbridge’s satisfaction with today's decision. “The City continues to take all of its responsibilities on this matter very seriously so we’re eager to continue our work with MNR to ensure potential impacts to the site are mitigated.”
GUELPH, ON, August 13, 2009 – Superior Court Justice Gray has issued his decision regarding two motions heard earlier this week regarding Guelph’s Hanlon Creek Business Park.
The City was successful in obtaining an injunction to keep people from trespassing and interfering with construction activities in relation to the Phase 1 lands. The Sheriff, as agent of the court, will be responsible for upholding the court order through the Guelph Police Department.
The Court also agreed with the City that the Ministry of Natural Resources has sole authority under the Endangered Species Act, including the authority to issue a stop work order, and has allowed the Minister of Natural Resources up to 30 days within which to consider the matter. During that time the Tributary "A" culvert and crossing works will be suspended. At the expiry of 30 days (or sooner if the Minister signifies in writing that she does not intend to issue an order under the Endangered Species Act, 2007 or if she issues such an order), the Court's order respecting further work on the lands will terminate.
In the meantime, the City of Guelph continues to work with the Ministry of Natural Resources. "We're pleased with Justice Gray's decision," says Guelph's mayor Karen Farbridge. "It sets the stage for more constructive dialogue with MNR in the coming month and beyond."
Guelph’s Chief Administrative Officer Hans Loewig shares Mayor Farbridge’s satisfaction with today's decision. “The City continues to take all of its responsibilities on this matter very seriously so we’re eager to continue our work with MNR to ensure potential impacts to the site are mitigated.”
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