FSF Decision – Friends of Simcoe Forest vs MMAH re Transitional Regulation

The Friends of Simcoe Forests Inc (FSF), won a major court challenge against the Minister of Municipal Affairs and Housing last week.

FSF had filed a challenge before the Ontario Divisional Court to the Minister’s decision to enact a Transitional Regulation to facilitate the establishment of a waste facility in the Freele County Forest. The Transitional Regulation exempted the natural heritage protection under the Growth Plan for the Greater Golden Horseshoe, 2017 from applying to the proposed waste facility site.

FSF filed a judicial review application in court challenging the Minister’s decision. The Court ruled that the Minister had acted beyond the scope of his authority and struck down the Transitional Regulation. In its decision, the Court noted that the Minister’s decision was “antithetical to the values underlying the rule of law”.

Access the decision here: Divisional Court Decision

Related information: Casework: Land use planning – proposed waste facility in Simcoe Forest