George Politis

At a Case Management Conference for appeals regarding a proposed below-water mineral aggregate extraction operation, the Ontario Land Tribunal consolidated three related appeals.

The Tribunal granted party status to the Shabot Obaadjiwan First Nation, recognizing the Crown's duty to consult on matters affecting Aboriginal or treaty rights, and to the Friends of Lanark Highlands as neighbouring landowners.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

At a Case Management Conference regarding an appeal of conditions imposed on an Amended Environmental Compliance Approval for a decommissioned uranium mine, the parties finalized a draft Procedural Order and Issues List.

The parties disputed the order of evidence for the upcoming merits hearing.

The Tribunal ordered that the Director of the Ministry of the Environment, Conservation and Parks present evidence first, finding it necessary to explain the regulatory framework and rationale for the appealed conditions.

The Ministry of Natural Resources proposed to transfer an aggregate licence from the objector to a new operator with the landowner's consent.

The objector, who no longer had an agreement with the landowner or access to the property, requested a hearing.

The Ontario Land Tribunal directed the transfer, finding that the objector's inability to access the site rendered the resource inaccessible, and that transferring the licence to an operator who could access the resource aligned with the Provincial Policy Statement and the purposes of the Aggregate Resources Act.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the appellant against the refusal of an Environmental Compliance Approval application to remove the requirement for a final effluent discharge pipe.

The Tribunal approved the final Procedural Order, including a revised Issues List, and scheduled a four-day merit hearing to proceed by video.

The Tribunal held a second Case Management Conference regarding an appeal under the Aggregate Resources Act for a Class A Pit Below Water licence.

Several objectors were granted participant status on consent.

A motion to remove two objectors was granted on consent due to their absence.

A procedural order and issues list were approved, and a four-day merit hearing was scheduled for June 2026.

The Ontario Land Tribunal issued a Procedural Order to govern the procedures leading up to a 4-day hearing scheduled for June 1, 2026.

The hearing concerns appeals against the approval of a Development Permit Application to construct a two-storey single-dwelling, install a septic system, and reconfigure an asphalt driveway on a vacant lot under the Niagara Escarpment Planning and Development Act.

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by Laplante Poultry Farms Ltd. against a Director's Order under the Environmental Protection Act.

The order sets the hearing dates, procedural deadlines for disclosure, witness statements, and expert meetings, and identifies the parties and issues to be determined.

The Tribunal held a Case Management Conference regarding appeals of the Niagara Escarpment Commission's approval of a development permit for a two-storey single dwelling.

Two appellants withdrew their appeals, and the remaining appellants were represented by one self-represented individual.

The Tribunal scheduled a four-day merit hearing and directed the parties to submit an updated draft Procedural Order and Issues List.

The applicant appealed the City of Ottawa's refusal of Official Plan and Zoning By-law amendments, and applied for an Aggregate Resources Act license to permit the expansion of the West Carleton Quarry.

At the first Case Management Conference, the Tribunal consolidated the appeals to be heard together.

The Tribunal also granted party and participant status to various objectors and scheduled a further Case Management Conference to finalize the procedural order and issues list.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by Laplante Poultry Farms Ltd. against a Director's Order concerning air emissions and biofilter installation.

The parties indicated an interest in Tribunal-led mediation and confirmed no motion to stay was necessary.

The Tribunal scheduled a seven-day merit hearing to commence by video on June 16, 2026, and directed the parties to file a final Procedural Order and Issues List by June 1, 2026.

The appellants appealed a Municipal Cost Recovery Order (MCRO) issued by the City of St. Catharines for $4,155,116.21 relating to the cleanup of a spill following an explosion and fire at a hazardous waste facility.

The appellants argued the MCRO included costs unrelated to the spill, was unreasonable, and that the individual directors were not in control of the pollutants.

The Tribunal found that under s. 100.1(15) of the Environmental Protection Act, its jurisdiction was limited to considering ownership/control and the relation/reasonableness of costs.

The Tribunal held the individual directors had charge, management, and control of the pollutants.

However, the Tribunal deducted $116,628.57 for costs unrelated to preventing adverse effects (legal fees, insurance adjuster, unsupported expenses) and $350,778.55 for unreasonable on-site project labour costs incurred while supporting the Office of the Fire Marshal's investigation.

The appeal was allowed in part, revising the MCRO amount to $3,687,709.09.

The Tribunal held a first Case Management Conference regarding an appeal of a notice of refusal to approve an application for relief from regulatory requirements for drinking water sampling under the Safe Drinking Water Act, 2002.

The parties advised that settlement discussions were ongoing but requested that hearing dates be set.

The Tribunal scheduled a two-day merit hearing and approved the draft Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Ontario Graphite Ltd. against Environmental Penalty Orders issued by the Director of the Ministry of the Environment, Conservation and Parks.

The orders relate to contaminated water allegedly emitted from a former graphite mine.

The Tribunal scheduled a five-day Merit Hearing to commence on June 9, 2025, and approved the draft Procedural Order and Issues List submitted by the parties.

The applicant appealed the refusal of an application to amend the Zoning By-law to permit a sign shop establishment.

The parties reached a full settlement on consent.

Based on uncontested land use planning evidence, the Tribunal found the proposed amendment consistent with provincial and municipal policies.

The appeal was allowed in part, and the Zoning By-law was amended to permit commercial indoor storage within the existing building.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of Environmental Penalty Orders issued for contaminated water allegedly emitted from a former graphite mine.

The appellant requested an adjournment because they had retained new counsel who needed time to review the file.

The respondent agreed to the request.

The Tribunal granted the adjournment, directed the parties to continue discussions to narrow the issues, and scheduled a further Case Management Conference for January 2025.

The Tribunal convened a Case Management Conference for an appeal regarding a Municipal Cost Recovery Order issued by the City of St. Catharines following a spill at a hazardous waste facility.

Both the appellants and the respondent filed motions shortly before the scheduled merit hearing.

The Tribunal granted relief from its rules regarding motion timelines and directed that both motions be heard on the first day of the merit hearing.

The Tribunal also granted a one-day adjournment of the merit hearing for confidential personal reasons and issued directions regarding the hearing plan and joint book of documents.

The appellants appealed the City's Committee of Adjustment decision refusing their applications for consent to sever a rural lot and for minor variances to reduce Minimum Distance Separation (MDS) setbacks from nearby livestock barns.

The Tribunal heard uncontroverted expert planning evidence that the proposed severance and reduced setbacks were consistent with the Provincial Policy Statement, conformed to the Official Plan, and met the four-part test for minor variances.

The Tribunal allowed the appeals, granting provisional consent subject to conditions and authorizing the requested variances.

The applicant appealed the Committee of Adjustment's decision regarding a condition of provisional consent for the severance of a residential lot.

The parties reached a settlement to modify the condition relating to the subdivision agreement.

Based on uncontroverted expert planning evidence, the Tribunal found the modified condition reasonable, consistent with the Provincial Policy Statement, and in conformity with the City's Official Plan.

The appeal was allowed and the condition was amended in accordance with the minutes of settlement.

The appellant appealed the conditions of a provisional consent to sever a property to create two new lots.

Specifically, the appellant challenged Conditions 6 and 8, which required a new Hydrogeological Study and Terrain Analysis and payment for its peer review, arguing they were redundant and unreasonable given a previous study.

The Tribunal accepted the uncontroverted expert planning evidence that the conditions were necessary to ensure no negative impacts on water supply and to conform with the Official Plan and Provincial Policy Statement.

The appeal was dismissed and the conditions were upheld.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by 1463292 Ontario Inc. and Taylor Rogers against the Town of Oakville's refusal of an Official Plan Amendment, Zoning By-law Amendment, and Heritage Permit applications for a 57-unit development.

The Tribunal directed the appellants to submit a revised proposal and supporting documents to the Town and Region of Halton, and ordered the parties to finalize the Procedural Order and Issues List for a 15-day hearing scheduled for early 2025.