This case was heard in the Supreme Court of Prince Edward Island (Appeal Division).

Greenisle Environmental Inc. (“Greenisle”) applied for a permit to construct and operate a construction and demolition debris disposal facility in Prince Edward Island. While the application was being processed, the provincial government declared a moratorium on the approval of such facilities. Greenisle applied for judicial review of the government’s decision to impose a moratorium, and the Supreme Court of Prince Edward Island (Trial Division) set aside the decision. The provincial government then passed an amendment to the provincial Environmental Protection Act prohibiting all future permits for construction and demolition debris disposal facilities. Greenisle applied for a Court Order declaring that the amendment did not affect its right to have its application considered in accordance with the previous law. A Judge of the Trial Division held in Greenisle’s favour and issued the Order. The Government of Prince Edward Island then appealed the Trial Division’s decision and applied for a stay of proceedings on the Order until the appeal had been heard and decided.

After consideration, the Appeal Division held that the stay of proceedings should be granted.

To read a related decision, go to GreenIsle v. Govt. P.E.I., 2005 PESCAD 28 (CanLII). 

View the Decision on CanLII: https://www.canlii.org/en/pe/pescad/doc/2005/2005pescad27/2005pescad27.html

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