Heisey v. MacDonald
2021 FC 898
Federal Court, August 31 2021
Facts: The applicant owned a seasonal cottage on an island in Georgian Bay, Ontario, while the respondent owned a nearby cottage on another island. The respondent obtained Transport Canada approval to install a mooring buoy approximately 36 metres from her floating dock to accommodate larger vessels. The applicant applied for judicial review, alleging that the buoy interfered with his navigational rights by requiring him to use a less direct and less safe route to access his cottage.
Decision: The application for judicial review was dismissed.
Held: The Court found that the applicant did not have private interest standing because the mooring buoy did not directly affect his legal rights or significantly interfere with his ability to navigate the area. Any additional travel required to manoeuvre around the buoy was minimal and insufficient to establish a direct impact on his navigational rights. However, the Court granted public interest standing, finding that the applicant had a genuine interest in the issues raised and that it was in the interests of justice for the decision to be reviewed. On the merits, the Court concluded that adequate public notice of the buoy application had been provided, notwithstanding that the applicant did not become aware of it at the time. The Court also found that Transport Canada had not relied on inaccurate information and that there was no evidence the buoy would compromise navigational safety. The approval was supported by the evidence and was reasonable, coherent, and justified in light of the applicable legal and factual considerations. Accordingly, the application was dismissed.