Marcia Valiante

Practising Law - Employed36 cases2011–2023

Marcia Valiante

CONRB74 cases2015–2020

CONRBJan 14, 2020

Procedural order issued setting hearing dates and deadlines for objections to a heritage designation repeal.

The Conservation Review Board issued a procedural order following a pre-hearing conference regarding objections to the City of Niagara Falls' Notice of Intention to Repeal Designating By-law No. 2010-90 for the property at 7565 Lundy's Lane.

The order sets the hearing dates for May 21 and 22, 2020, identifies the parties, outlines the issues for the hearing, and establishes deadlines for the exchange of witness lists, expert reports, and documentary evidence.

Procedural order issued setting hearing dates and document exchange deadlines for heritage designation objection.

Rogers v. Oakville (Town), 2019 CanLII 91543

TR

Therin Rhaintre

3 cases2018–2019

PM

Paul McCulloch

Nadine Harris

Suspended Administratively18 cases2015–2026

MF

Michael Finley

JD

Jennifer Danahy

In Private Practice15 cases2012–2024

Marlene Cashin

Marcia Valiante

In Private Practice226 cases2013–2026

OERTJul 22, 2019

Settlement approved revising a permit to take water for recreational and conservation uses; appeal withdrawn.

The City of Thunder Bay appealed an Amended Permit to Take Water issued by the Director of the Ministry of the Environment, Conservation and Parks regarding the Boulevard Lake Dam.

The parties reached a settlement to revise the permit to reflect the closure of a hydroelectric facility and clarify that water taking is for recreational and conservation uses only.

The Tribunal granted Presenter status to the North Shore Steelhead Association, who opposed the settlement seeking specific fishery objectives.

The Tribunal approved the settlement, finding the revisions consistent with the Ontario Water Resources Act and in the public interest, and dismissed the appeal.

Corporation of the City of Thunder Bay v. Director, Ministry of the Environment, Conservation and Parks, 2019 CanLII 70213

DB

Denise Baker

DH

Deborah Howden

In Private Practice6 cases2013–2024

Marlene Cashin

Marcia Valiante

Practising Law - Employed40 cases2013–2026

OERTJul 16, 2019

Settlement confirming a development permit for a new dwelling on the Niagara Escarpment approved.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit to demolish a chalet and construct a new dwelling.

Prior to the hearing, the parties reached a settlement that modified the building materials, landscaping, and grading to reduce visual impacts.

The Hearing Officers reviewed the revised conditions of approval, found them to be in accordance with the Niagara Escarpment Plan, and confirmed the Commission's decision as modified by the settlement.

Torrie v. Ontario (Niagara Escarpment Commission), 2019 CanLII 67601

PP

Peter Pickfield

92 cases2001–2026

AH

Andrea Huckins

Marcia Valiante

In Private Practice176 cases2018–2026

OERTMay 17, 2019

Motion for a stay of an environmental order denied as the appellant failed to prove irreparable financial harm.

The appellant nursing home brought a motion for a stay of a Director's Order requiring it to pump and dispose of sewage off-site due to a malfunctioning septic system.

The appellant argued that the costs of compliance would cause irreparable financial harm, potentially leading to closure.

The Tribunal dismissed the motion, finding that the appellant failed to prove irreparable harm, as the short-term costs were not shown to be fatal to the business.

Furthermore, the balance of convenience favoured the Director's precautionary approach to protect water resources.

Morriston Park Nursing Home Inc. v. Ontario (Environment, Conservation and Parks), 2019 CanLII 44273

TB

Tim Bermingham

3 cases2004–2020

PM

Paul Marshall

73 cases2000–2025

JM

Jennifer Meader

Marcia Valiante

OERTApr 16, 2019

Procedural order issued setting hearing dates and deadlines for appeals of a development permit approval.

A pre-hearing conference was held regarding appeals of the Niagara Escarpment Commission's conditional approval of a development permit application to demolish an existing dwelling and construct a new single dwelling.

The Hearing Officer addressed preliminary issues regarding notice of the application and decision, and established a procedural schedule for a two-day hearing to commence on June 26, 2019.

Baehre v. Ontario (Niagara Escarpment Commission), 2019 CanLII 34546

PP

Peter Pickfield

92 cases2001–2026

PD

Patrick G. Duffy

15 cases2016–2025

LG

Leonard Griffiths

12 cases2015–2019

IO

Isabelle O’Connor

35 cases2015–2026

Marcia Valiante

OERTUnanimous31 cases2006–2019

JD

Jerry V. DeMarco

OERTApr 11, 2019

Continuation of stay of environmental remediation order granted on consent pending finalization of work plan.

The appellants appealed a Director's Order regarding the presence and migration of contaminants on three properties.

The appellants requested a continuation of a previously granted stay of certain portions of the Director's Order while they finalized a conceptual site model and work plan.

The Director consented to the request.

The Tribunal found it was not precluded from granting the stay under the Environmental Protection Act and granted the continuation of the stay on consent.

Union Gas Limited v. Ontario (Environment, Conservation and Parks), 2019 CanLII 32427

Mitchel Boughs

JB

Jon Bradbury

25 cases2016–2026

Marlene Cashin

Marcia Valiante

OERTApr 1, 2019

Appeal of Director's Order dismissed; demolition debris left on site constituted an unapproved waste disposal site.

The appellant appealed a Director's Order requiring the removal of demolition waste from its property.

The appellant argued the materials were being sorted for recycling and were not waste, and that the Ministry erred in treating the movement of materials as a deposit on a new site.

The Tribunal found that the co-mingled demolition debris constituted waste under the Environmental Protection Act and that leaving it on the site for an extended period established an unapproved waste disposal site.

The appeal was dismissed, and the Director's Order was upheld with amended compliance dates.

2127940 Ontario Limited v. Ontario (Environment, Conservation and Parks), 2019 CanLII 29093

NA

Nicholas Adamson

20 cases2015–2024

Mitchel Boughs

In Private Practice24 cases2014–2025

MG

Matthew Gardner

19 cases2015–2021

MM

Marc McAree

EG

Erin Garbett

Not Practising Law1 case2019–2019

WM

Warren Morris

OERTUnanimous7 cases2015–2025

Marcia Valiante

OERTUnanimous31 cases2017–2021

HJ

Helen Jackson

OERTMar 21, 2019

Tribunal approves partial settlement amending a Director's Order for remediation of petroleum hydrocarbon and PCB contamination.

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.

Gerdau Ameristeel Corporation v. Ontario (Environment, Conservation and Parks), 2019 CanLII 22839

TG

Talia Gordner

In Private Practice46 cases2015–2026

CM

Cameron Murkar

11 cases2004–2022

Marcia Valiante

OERTUnanimous16 cases2017–2019

JD

Justin Duncan

OERT67 cases2015–2019

GR

Graham Rempe

OERTJan 30, 2019

Environmental Review Tribunal sets hearing dates for appeal of municipal spill clean-up cost order.

Monaghan v. Ajax (Town), 2019 CanLII 7205

SD

Sylvia Davis

Licence Surrendered - Retired82 cases1997–2025

RC

Ralph Cuervo-Lorens

In Private Practice26 cases2013–2026

JJ

Justin Jacob

31 cases2011–2021

IO

Isabelle O’Connor

35 cases2015–2026

Marcia Valiante

OERTUnanimous16 cases2017–2019

GR

Graham Rempe

OERTJan 30, 2019

Appeals of environmental order dismissed following appellants' compliance and subsequent withdrawal.

The appellants appealed a Director's Order requiring them to conduct a vapour intrusion assessment program at residential properties adjacent to their industrial facility.

After complying with the order and conducting the required sampling, the appellants sought to withdraw their appeals.

With the consent of the Director and no objection from the presenter, the Environmental Review Tribunal dismissed the appeals pursuant to Rule 199 of its Rules of Practice.

Bollinger v. Ontario (Environment, Conservation and Parks), 2019 CanLII 7204

SS

Steven Succi

Practising Law - Employed14 cases2012–2025

MM

Marc McAree

In Private Practice24 cases2014–2025

JV

Joanna Vince

In Private Practice18 cases2015–2025

Marlene Cashin

Marcia Valiante

In Private Practice11 cases1986–2018

OERTJan 16, 2019

Appeal of Environmental Compliance Approval conditions dismissed following appellant's withdrawal.

Meridian Lightweight Technologies Inc. v. Ontario (Environment, Conservation and Parks), 2019 CanLII 3362

KC

Katie Clements

21 cases2011–2020

HP

Harry Poch

Marcia Valiante

OERTDec 7, 2018

Request to review a decision denying leave to appeal an environmental compliance approval refused.

The applicant requested a review of a Tribunal decision that denied her application for leave to appeal an amended Environmental Compliance Approval issued to an adjacent asphalt plant.

The applicant argued the facility could not comply with section 14 of the Environmental Protection Act and submitted new video evidence of the plant's operations.

The Tribunal found no material error of fact or law in the original leave decision and determined the new videos did not meet the test for admissible new evidence.

The request for review was refused.

Hong v. Ontario (Environment, Conservation and Parks), 2018 CanLII 122039

Nadine Harris

Marcia Valiante

OERTOct 11, 2018

Appeals dismissed due to appellants' repeated failure to comply with Tribunal orders and rules.

The Director of the Ministry of the Environment, Conservation and Parks brought a motion to dismiss the appeals of the Mansteel Appellants regarding a Director's Order related to a wood waste landfill.

The Mansteel Appellants failed to comply with Tribunal orders regarding disclosure and witness statements, failed to attend a scheduled telephone conference call, and failed to respond to communications.

The Tribunal found that the appellants showed a lack of regard for the Rules and an unwillingness to carry out their responsibilities.

The motion was granted and the appeals of the Mansteel Appellants were dismissed.

Alizadeh v. Ontario (Environment, Conservation and Parks), 2018 CanLII 96168

Mitchel Boughs

DP

Domenico Polla

34 cases2014–2026

Marlene Cashin

Marcia Valiante

Practising Law - Employed14 cases2012–2025

OERTSep 27, 2018

Tribunal issued a procedural order setting hearing dates for an appeal of a waste removal order.

2127940 Ontario Limited v. Ontario (Environment, Conservation and Parks), 2018 CanLII 91612

SS

Steven Succi

Nadine Harris

In Private Practice26 cases2015–2025

MG

Matthew Gardner

19 cases2015–2021

JG

John Georgakopoulos

CT

Carlton Thorne

56 cases2012–2026

OERTUnanimous47 cases2015–2021

Maureen Carter-Whitney

Marcia Valiante

Practising Law - Employed36 cases2011–2023

OERTSep 21, 2018

Appeal dismissed and Director's Order revoked following full compliance with environmental work requirements.

The Receiver for Northwood Recycling & Energy Inc. appealed a Director's Order requiring work at a waste disposal site.

Following an inspection confirming full compliance with the work items, the parties reached a settlement.

The Tribunal found the proposed settlement, which revoked the Director's Order and dismissed the proceeding, to be consistent with the purpose of the Environmental Protection Act and in the public interest.

Northwood Recycling and Energy Inc. (Receiver of) v. Ontario (Environment, Conservation and Parks), 2018 CanLII 89435

TR

Therin Rhaintre

3 cases2018–2019

RN

Rodney Northey

13 cases2018–2025

PM

Paul McCulloch

PR

Patty Robinet

2 cases2018–2024

Nadine Harris

Mitchel Boughs

OERTUnanimous47 cases2015–2021

Maureen Carter-Whitney

Marcia Valiante

OERTAug 31, 2018

Environmental Review Tribunal issued procedural directions and scheduled hearing dates for permit to take water appeal.

The Corporation of the City of Thunder Bay and Robert Whiteside appealed an Amended Permit to Take Water issued by the Director of the Ministry of the Environment, Conservation and Parks.

Following a pre-hearing conference, the Environmental Review Tribunal issued a procedural order setting dates for the disclosure of documents, exchange of witness statements, and the hearing of the appeal.

The Tribunal also scheduled a motion regarding the Director's jurisdiction.

Thunder Bay (City) v. Ontario (Environment, Conservation and Parks), 2018 CanLII 82061

RC

Rosalind H. Cooper

15 cases2011–2026

RC

Rachel Cohen

1 case2018–2018

Mitchel Boughs

Marcia Valiante

Practising Law - Employed13 cases1995–2025

OERTAug 24, 2018

Tribunal grants status requests and sets hearing schedule for appeal of environmental Director's Order.

The appellants appealed a Director's Order requiring them to take actions regarding a historic wood waste landfill and leachate management systems.

At a pre-hearing conference, the Environmental Review Tribunal considered requests for status in the proceedings.

The Tribunal granted Party status to Hydro One, Participant status to the former owner Uniboard, and Presenter status to adjacent landowners and the City.

The Tribunal also set the schedule for disclosure and the hearing.

Alizadeh v. Ontario (Environment, Conservation and Parks), 2018 CanLII 80802

RN

Ramani Nadarajah

JK

Jessica Karban

In Private Practice31 cases2018–2026

HP

Heather Picken

In Private Practice2 cases2018–2018

EU

Edwin Upenieks

2 cases2018–2018

Marcia Valiante

OERTJul 30, 2018

Hearing adjourned to allow applicants to seek an amendment to the Niagara Escarpment Plan.

The applicants sought to construct a secondary dwelling on a lot in the Niagara Escarpment Rural Area.

The Niagara Escarpment Commission conditionally approved the development permit, which was appealed by several parties.

Prior to the hearing, the applicants requested an adjournment to allow them to apply for an amendment to the Niagara Escarpment Plan.

The Hearing Officer granted the adjournment, finding it appropriate and an efficient use of resources, and scheduled a subsequent telephone conference call.

Bond v. Ontario (Niagara Escarpment Commission), 2018 CanLII 73672

Marcia Valiante