Appeal of environmental order dismissed following appellant's withdrawal upon compliance.
The appellant appealed portions of a Director's Order requiring the design of a stormwater management system and submission of an environmental compliance approval application for an auto wrecking business.
After several years of progress and the eventual approval of the stormwater management facility design and ECA application, the appellant withdrew its appeal.
The Tribunal dismissed the appeal in accordance with Rule 199 of its Rules of Practice.
Tribunal schedules pre-hearing conference and amends Director's Order on consent regarding landfill leachate management.
The appellants appealed a Director's Order requiring them to take actions regarding a wood waste landfill and leachate management systems.
During telephone conference calls, the parties agreed to schedule a pre-hearing conference and consented to minor amendments to the Director's Order to clarify the requirements for constructed surface flow wetlands.
The Tribunal ordered the scheduling of the pre-hearing conference and amended the Director's Order accordingly.
Appeal of water permit dismissed for lack of jurisdiction; party status granted.
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 and Climate Change.
The Tribunal held telephone conference calls to address the status of the appeals and scheduling.
The Tribunal dismissed Mr. Whiteside's appeal for lack of jurisdiction but granted his request for Party status, and scheduled a pre-hearing conference and a motion regarding the Director's jurisdiction.
Motion for a stay of a Director's order requiring removal of demolition waste dismissed.
The appellant appealed a Director's decision confirming a Provincial Officer's Order that required the cessation of demolition waste deposition and the removal of all waste from the site.
The appellant brought a motion for a stay of the Director's decision pending the appeal.
The Environmental Review Tribunal refused the request for a stay and dismissed the motion, with reasons to follow.
Appeal of environmental clean-up costs order adjourned pending Divisional Court motion on stay of proceedings.
The appellants appealed a municipal order requiring them to pay costs for the clean-up of an environmental spill.
Parallel civil and by-law proceedings were also ongoing.
The appellants sought an adjournment of the Tribunal appeal pending their motion for leave to appeal to the Divisional Court regarding a stay of the proceedings.
On consent of the parties, the Tribunal granted the adjournment to preserve the integrity of the process and avoid overlapping litigation.
Pre-hearing conference order scheduling hearing dates and document disclosure for development permit appeals.
A pre-hearing conference was held regarding appeals of a Niagara Escarpment Commission decision to conditionally approve a development permit for a secondary dwelling.
The parties agreed on a timeframe for scheduling the hearing and requested a continuation of the pre-hearing conference to discuss possible resolution of issues.
The Hearing Officer scheduled the hearing, document disclosure dates, and a continuation of the pre-hearing conference.
Participant status granted and pre-hearing conference adjourned to allow for settlement discussions.
The appellant appealed a Director's Order regarding a waste disposal site.
At a pre-hearing conference, the City of Oshawa and the Ummah Foundation sought and were granted participant status without objection.
The parties jointly requested and were granted an adjournment of the pre-hearing conference to allow for ongoing settlement discussions and to address a related jurisdictional motion filed in court.
Appeal adjourned pending Superior Court decision on motion to stay parallel proceedings.
The appellants appealed a municipal order requiring them to pay costs for cleaning up an oily contamination spill.
The parties jointly requested an adjournment of the appeal pending the Superior Court's decision on a motion to stay the civil and administrative proceedings.
The Tribunal granted the adjournment and scheduled a further telephone conference call.
Adjournment granted pending issuance of a related Ministry of the Environment Director's order.
The municipality issued an order directing the school board to pay costs related to the clean-up of a heating oil spill from underground storage tanks.
The school board appealed the order to the Environmental Review Tribunal.
The parties jointly requested an adjournment of the proceeding because the Ministry of the Environment and Climate Change indicated it would soon issue a Director's order against both parties regarding the same spill.
The Tribunal granted the adjournment to allow the parties to determine whether they would appeal the anticipated Director's order and potentially consolidate the proceedings.
Tribunal grants consent request to continue stay of Director's Order pending finalization of work plan.
The appellants appealed a Director's Order relating to contaminants on three properties in Hamilton.
The parties requested a further continuation of a previously granted stay of portions of the Director's Order, on consent, to allow time to finalize a detailed work plan.
The Tribunal found it was not precluded from granting the stay under the Environmental Protection Act and granted the continuation of the stay until March 28, 2018.
Appeals of environmental order dismissed following appellants' withdrawal of remaining grounds.
The appellants appealed an order issued by the Director of the Ministry of the Environment and Climate Change requiring them to delineate off-site contamination.
After an unsuccessful jurisdictional motion, the appellants withdrew their remaining grounds of appeal on the basis that the order's requirements had been or would be substantially complied with.
The Director consented to the withdrawal.
The Environmental Review Tribunal dismissed the appeals pursuant to Rule 199 of its Rules of Practice.
Motion to waive notice and pre-hearing conference requirements for a proposed settlement dismissed.
The appellant brought a motion to waive the requirements for giving notice to nearby property owners and holding a pre-hearing conference prior to the Tribunal considering a proposed settlement of its appeal regarding a waste disposal site.
The appellant and the Director argued that notice was unnecessary as the appeal was being withdrawn and the issues were regulatory.
The Tribunal dismissed the motion, finding it has jurisdiction to convene a pre-hearing conference to consider status requests before reviewing a settlement, and that waiving notice requirements was inappropriate given the public interest mandate of the environmental legislation.
Environmental Review Tribunal dismisses appeals and accepts revocation of remediation order after required work completed.
The Director of the Ministry of the Environment and Climate Change issued an order requiring the removal of waste materials and remediation of a site.
Several parties appealed the order.
After the required work was completed to the Director's satisfaction, the Director proposed to revoke the order against the remaining appellants.
The Environmental Review Tribunal accepted the proposed revocation as consistent with the Environmental Protection Act and the public interest, and dismissed the remaining appeals.
Appeal of environmental compliance approval dismissed following accepted settlement agreement.
The appellant appealed an Amended Environmental Compliance Approval regarding the management of ammonia and ammonium in an on-site stormwater management pond.
The parties reached a settlement and submitted Minutes of Settlement to the Tribunal.
The Tribunal found the settlement consistent with the Environmental Protection Act and in the public interest.
The Tribunal directed the issuance of the draft Amended ECA and dismissed the appeal.
Tribunal grants consent request to continue stay of environmental protection order pending finalization of site model.
The appellants requested a continuation of a stay of portions of a Director's Order issued under the Environmental Protection Act regarding the presence and migration of contaminants on three properties in Hamilton.
The parties had been working on a conceptual site model and requested more time to finalize it.
The Director consented to the request.
The Environmental Review Tribunal found it was not precluded from granting the stay and ordered the continuation of the stay until December 28, 2017.
Tribunal ordered a two-phase hearing to determine liability for an oil spill before assessing remediation costs.
The appellant school board appealed a municipal order requiring it to pay over $600,000 for the clean-up of a heating oil spill from underground storage tanks at a former school site.
At a pre-hearing conference, the parties jointly requested that the hearing be conducted in two phases: the first to determine if the school board was the owner or person in control of the oil at the time of the spill, and the second to assess the reasonableness and purpose of the costs incurred by the municipality.
The Tribunal granted the request to phase the hearing and adjourned the pre-hearing conference to allow the school board time to review technical reports and receive particulars.
Consent motion to continue stay of environmental protection order granted pending finalization of conceptual site model.
The appellants requested a continuation of a stay of portions of a Director's Order issued under the Environmental Protection Act regarding contaminants on three properties in Hamilton.
The Director consented to the request while the parties worked to finalize a conceptual site model.
The Environmental Review Tribunal found it was not precluded from granting the stay and ordered the continuation of the stay until October 27, 2017.
Continuation of stay of Director's Order regarding environmental contamination granted on consent.
The appellants requested a continuation of a stay of portions of a Director's Order relating to environmental contamination on three properties in Hamilton.
The Director consented to the request to allow the parties time to finalize a conceptual site model and prepare for carrying out the order.
The Environmental Review Tribunal found it had jurisdiction to grant the stay and ordered the continuation of the stay until September 28, 2017.
Appeal of wind turbine refusal dismissed following settlement amending species protection conditions.
The appellant appealed the Director's refusal to approve two wind turbines as part of a Renewable Energy Approval for a wind facility.
The parties subsequently reached a settlement agreement to amend a condition of the approval relating to the protection of Blanding's turtles during construction and maintenance activities, and the appellant proposed to withdraw the appeal.
The Environmental Review Tribunal accepted the settlement, finding the amendment to be in the public interest and consistent with the Environmental Protection Act, and dismissed the proceeding.
Tribunal alters wind project approval, imposing stricter bat mitigation and removing turbines to protect turtles.
The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility, arguing it would cause serious and irreversible harm to the Little Brown Bat and Blanding's turtle.
In the remedy phase, the Approval Holder proposed mitigation plans to address the Tribunal's previous findings of harm.
The Tribunal found it had jurisdiction to consider the mitigation plans and applied the precautionary principle.
The Tribunal accepted the bat mitigation plan with a modification to extend turbine curtailment to sunrise.
However, the Tribunal found the proposed road restoration measures for Blanding's turtle were novel and unstudied, and therefore removed the turbines associated with those road upgrades from the approval.