A mixed decision - we can proceed

Justice Lauwers released his decision late afternoon, Dec 15.

He has ruled that DurhamCLEAR has met the requirements to proceed with the application that, if Durham Region proceeds with the incinerator on the Courtice site, it would be violating Clarington's zoning by-law and Official Plan. Durham Region has lost its motion to stop our application from moving forward. That's the first piece of good news.

In addition, Lauwers has agreed that we are a public interest litigant. That's the 2nd piece of good news.

However, he has ruled on the security of costs motion that we need to have "some skin in the game" - specifically, DurhamCLEAR is required to post $40,000 in security at least 7 days "before the final argument of the application" (possibly March or later). It is important to note that this is just security and would be returned to us if we win - and in our view our prospects appear very good.

However, as all of you are aware, DurhamCLEAR does not have $40,000 - indeed we have an already substantial legal bill that needs to be paid.

This part of the ruling is clearly a disappointment. Nevertheless, Eric and our other lawyers are keen to see the action proceed and are still reviewing the ruling. They have already identified a number of options for us to consider and we will be exploring these with them in the coming days.

We remain confident that we can find a way to proceed and look forward to arguing the main motion in court.

We're still very much in the game. Yes, you can fight city hall!

The full text of Lauwers' ruling is here