Dawe (Stan) Ltd. v. Newfoundland (Department of Environment and Lands), 1989 CanLII 4875 (NL SCTD)

This case was heard in the Supreme Court of Newfoundland (Trial Division). 

Dawe Ltd. operated a sawmill that regularly produced large amounts of wood shavings. The shavings were burned in a large incinerator every three or four days, and each burn could last anywhere from several hours to more than a full day and night. In 1987, the Department of the Environment issued a stop order that prohibited the sawmill from burning the wood by-products in the incinerator. In doing so, the Department relied on the prohibitions against air pollution in the Newfoundland Department of Environment and Lands Act. Dawe appealed the Ministerial Order, arguing that the incinerator was not causing “air pollution” as defined by the Act. After considering the language of the legislation, the Court disagreed. It upheld the Minister’s decision and issued a stop order.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/1989/1989canlii4875/1989canlii4875.html

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