Helen Jackson

The Environmental Review Tribunal issued a procedural order following a pre-hearing conference regarding two consolidated appeals related to a heating oil spill at a former school site.

The first appeal concerned a municipal order directing the school board to pay cleanup costs, while the second concerned a Director's order issued to both the municipality and the school board.

The Tribunal established a procedural schedule for the first phase of the municipal order appeal and directed the parties to provide an update on their mediation efforts regarding the Director's order.

The appellant appealed a Director's Order requiring remedial work following a discharge of petroleum hydrocarbons and PCBs from its metals recycling facility into a municipal drain.

The parties entered into Minutes of Partial Settlement and Further Minutes of Partial Settlement to amend certain items in the Director's Order.

The Environmental Review Tribunal reviewed the settlement agreements and found that the proposed amendments were consistent with the purpose and provisions of the Environmental Protection Act and in the public interest.

The Tribunal directed the Director to amend the order accordingly and scheduled a continuation of the hearing to address the remaining outstanding issues.

The applicant proposed a dam and hydroelectric facility, which the Minister intended to refuse.

The applicant requested an inquiry under the Lakes and Rivers Improvement Act.

The Ontario Waterpower Association (OWA) sought to be added as a party to the inquiry, arguing the decision would set a precedent for the waterpower industry.

The Inquiry Officers denied the request, finding that a concern about potential precedential effect is insufficient to establish a 'direct interest' as required by the Act.

The appellants appealed a Director's Order regarding the management of a foundry sand waste pile.

At a pre-hearing conference, the Tribunal granted presenter status to two neighbouring property owners who raised concerns about potential impacts on the local drinking water aquifer.

The Tribunal also scheduled a mediation session and a further pre-hearing conference at the request of the parties.

The appellant appealed the issuance of a Renewable Energy Approval for a wind farm project.

At a pre-hearing conference, several individuals and entities sought participant or presenter status.

The Tribunal granted the status requests but considered whether it had jurisdiction to hear evidence on all issues raised, including economic impacts and general animal health.

The Tribunal held that under the Environmental Protection Act, its jurisdiction is strictly limited to whether the project will cause serious harm to human health or serious and irreversible harm to plant life, animal life, or the natural environment.

Consequently, the Tribunal ruled that evidence regarding economic impacts and issues not pleaded in the Notice of Appeal were outside the scope of the hearing and could not be presented.

The Environmental Review Tribunal held a pre-hearing conference regarding an appeal of a Renewable Energy Approval for a wind farm.

The Tribunal granted presenter and participant status to several individuals and entities.

The Tribunal also issued procedural directions, including deadlines for document exchange and scheduling the hearing dates, while excluding certain issues from the scope of the hearing.

The appellant appealed conditions of a Permit to Take Water issued for its golf course, which required the installation of nested bedrock monitoring wells.

Following mediation, the parties reached a settlement agreement to amend the permit conditions, requiring the conversion of an existing well into a multi-level observation well and shortening the permit duration to two years to gather data.

The Tribunal found the settlement consistent with the purpose of the Ontario Water Resources Act and in the public interest, ordered the Director to issue the amended permit, and dismissed the appeal.

The appellant appealed the Director's refusal to issue an environmental compliance approval for a hauled sewage disposal site.

The parties reached a settlement agreement that included a draft amended approval with stringent conditions, a two-year expiry date, and an action plan for environmental monitoring.

The Tribunal found the settlement consistent with the purpose of the Environmental Protection Act and in the public interest, directing the issuance of the amended approval and dismissing the appeal.

The appellant appealed conditions of a Permit to Take Water requiring the installation of a nested bedrock monitoring well at its golf course.

Following unsuccessful mediation, the parties requested that the Tribunal set dates for a hearing.

The Tribunal issued a procedural order setting the hearing dates, establishing a schedule for document disclosure and witness statements, and determining the order of evidence presentation.

The appellant appealed the Director's refusal to issue an Environmental Compliance Approval for a hauled sewage disposal site.

Following mediation, the parties reached a tentative settlement.

The Tribunal issued a procedural order scheduling a one-day hearing to review the settlement agreement and hear from participants, and set deadlines for filing materials.

The applicants sought a development permit to recognize the change in use of an unauthorized second dwelling to an accessory use and to carry out driveway alterations.

The Niagara Escarpment Commission conditionally approved the application, which the appellants appealed.

Prior to the hearing, the parties reached a settlement agreement with revised conditions.

The Hearing Panel found the revised conditions strengthened the protections for the Escarpment lands and confirmed the Commission's decision with the agreed-upon revisions, dismissing the appeal.

At a pre-hearing conference regarding an appeal of the Director's refusal to issue an Environmental Compliance Approval for a hauled sewage disposal site, the Tribunal considered requests for party and participant status.

The Township of Algonquin Highlands was granted party status.

Several individuals and a property owners' association were granted participant status, while one individual's request was deferred as she intended to be a witness.

The Tribunal also set a schedule for mediation and the hearing.

At a pre-hearing conference for an appeal of a development permit approval, the Town of Niagara-on-the-Lake requested participant status.

The parties consented to the request.

The Hearing Panel granted the Town participant status, allowing it to receive documents and participate in settlement discussions.

The hearing was adjourned to allow the parties to engage in settlement discussions.

The appellant appealed conditions of a Permit to Take Water requiring the installation of a nested bedrock monitoring well.

At a pre-hearing conference, the Regional Municipality of Waterloo requested participant status, arguing it had an interest in monitoring the aquifer which serves as its source of drinking water.

The Tribunal granted participant status to the Region on consent and set a schedule for document disclosure and mediation.