By: Nigel Bankes, Martin Olszynski and David Wright
PDF Version: Federal Court of Appeal Provides Reasons in TMX Leave Applications
Decision Commented On: Raincoast Conservation Foundation v Canada (Attorney General), 2019 FCA 224.
On September 4, 2019, the Federal Court of Appeal (FCA) granted leave to six of the twelve parties who had applied for judicial review of Cabinet’s decision to re-approve the Trans Mountain Expansion (TMX) project. This post situates this most recent development in the broader TMX context and examines this rare instance of the FCA providing reasons in a leave decision.