Debra Arnold

A Case Management Conference was held regarding appeals by Ontari Holdings Ltd. concerning a proposed business park development.

The appellant withdrew its appeal under the Conservation Authorities Act, intending to file a new application under the amended Act.

The Tribunal granted participant status to three individuals for the remaining Subdivision Appeal.

On consent of the parties, the Tribunal released the previously scheduled 15-day hearing dates for February 2025 and scheduled a further Case Management Conference for March 2025 to await the outcome of the new application.

The appellants appealed the Director's decision to issue a Certificate of Property Use (CPU) for a former industrial property in Guelph, arguing that the CPU failed to adequately address the risk of contaminated groundwater migrating offsite to their adjacent properties.

The Tribunal found that while there was a risk of contaminant migration to one of the adjacent properties (10 Kingsmill), there was no risk of migration to the other (490 York).

The Tribunal held that the CPU's groundwater monitoring program and contingency requirements provided sufficient safeguards to address the potential for adverse effects, and that implementing physical barriers would be premature and potentially harmful given the complex fractured bedrock environment.

The Tribunal ordered minor amendments to the CPU to reclassify two monitoring wells as downgradient and to require the City to provide advance notice of groundwater sampling to the adjacent property owners, but otherwise confirmed the CPU.

A Case Management Conference was held regarding appeals by Glencedar Inc. against the Township of Minden Hills' refusal of Zoning By-law and Official Plan Amendment applications.

The Tribunal granted participant status to three individuals/organizations.

As the parties were engaged in settlement discussions, the Tribunal scheduled a second Case Management Conference and directed the parties to submit a Draft Procedural Order or settlement documents prior to the next hearing.