This case was heard in the Supreme Court of Nova Scotia.

The Bay of Fundy Inshore Fisherman’s Association (“BFIFA”) brought a motion for an interim stay pending judicial review. In 2009, Nova Scotia’s Department of Environment approved the Fundy Tidal Energy Demonstration Project, which was designed to test and evaluate tidal turbine technologies in the Bay of Fundy. Environmental Effects Monitoring Programs were developed as part of the Demonstration Project, and in June 2016, after reviewing the Environmental Effects Monitoring Programs that had been designed, the Department of Environment indicated that it was satisfied with the programs.

Concerned parties applied for judicial review of the Department decision. The judicial review was scheduled to be heard in February 2017, and by bringing its motion for an interim stay, the BFIFA sought to prevent the tidal turbines from being used before the judicial review had concluded.

In order for the Court to grant the stay, the applicants needed to prove that they would suffer irreparable harm if the stay were not granted. After considering the arguments and the evidence put forward by the BFIFA, the Court held that the Association had failed to prove that irreparable harm would follow if the stay were not granted. The Court therefore denied the BFIFA’s motion.

View the Decision on CanLII: https://www.canlii.org/en/ns/nssc/doc/2016/2016nssc286/2016nssc286.html

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