Maureen Carter-Whitney

In Private Practice9 cases2015–2024

Julia Vizzaccaro

Harry Dahme

Maureen Carter-Whitney

Laurie Bruce

Karen Kraft Sloan

OERTEnvironmental Review TribunalFeb 28, 2017

Stay of environmental order partially denied; public interest in notifying affected property owners outweighed municipality's concerns.

The City of Mississauga appealed a Director's Order requiring it to take various actions regarding street sweepings delivered to private properties between 2004 and 2011.

The City sought a stay of the Order pending the appeal.

The Director consented to a stay of the items requiring physical investigations and remedial work, but opposed staying the items requiring the City to share information and conduct a forensic audit to identify affected properties.

Applying the RJR-MacDonald test, the Tribunal found no statutory bar to a stay and a serious issue to be tried.

However, the Tribunal held the City failed to demonstrate irreparable harm to its reputation or from potential litigation.

The Tribunal also found the balance of convenience and public interest favoured denying the stay for the disputed items to ensure affected property owners receive proper notice and information.

The stay was granted in part on consent and dismissed for the disputed items.

Mississauga (City) v. Ontario (Environment and Climate Change), 2017 CanLII 11501

Zoë Thoms

2 cases2016–2017

Sylvia Davis

Kayla R. Theeuwen

Maureen Carter-Whitney

OERTEnvironmental Review TribunalFeb 2, 2017

Tribunal accepts settlement agreement amending well monitoring order and dismisses appeal.

The appellant appealed a Director's Order requiring him to retain a qualified person to create and implement a Well Management Plan regarding a historic fuel oil spill.

The parties reached a settlement agreement to amend the order to limit the monitoring events to 12 months.

The Tribunal accepted the settlement agreement, finding it consistent with the Environmental Protection Act and in the public interest, and dismissed the appeal.

Knoppke v. Ontario (Environment and Climate Change), 2017 CanLII 5193

Maureen Carter-Whitney

OERTUnanimous (Wrote the reasons)47 cases2015–2021

Late appeal of development permit dismissed for lack of jurisdiction as statutory time limit cannot be extended.

Two appellants sought to appeal the Niagara Escarpment Commission's conditional approval of a development permit for greenhouse additions.

The Commission received their Notice of Appeal one day after the 14-day statutory appeal period expired.

The Hearing Officer found there was no statutory authorization or inherent jurisdiction to extend the time limit and process the late appeal.

The appeals were dismissed for lack of jurisdiction, though the appellants were permitted to request party status in a related, timely appeal.

Zwiep v. Ontario (Niagara Escarpment Commission), 2016 CanLII 90721

Maureen Carter-Whitney

Laurie M. Bruce

OERTUnanimous (Wrote the reasons)6 cases2016–2020

Motion to dismiss appeals of a development permit denied; appellants raised valid planning justifications.

The applicant requested the dismissal of appeals against a conditionally approved development permit for environmental remediation on the Niagara Escarpment.

The applicant argued the appeals lacked planning justification and were intended to delay development on a neighbouring property.

The Hearing Officers found the applicant failed to meet the onus under s. 25(8.1) of the Niagara Escarpment Planning and Development Act, as the appellants raised valid planning concerns regarding wildlife habitat protection.

The motion to dismiss the appeals was denied.

Roberts v. Ontario (Niagara Escarpment Commission), 2016 CanLII 90720

Sarah Kromkamp

34 cases2015–2026

Jody E. Johnson

13 cases2010–2018

Maureen Carter-Whitney

OERTEnvironmental Review TribunalDec 19, 2016

Leave to appeal applications dismissed for lack of jurisdiction due to late filing.

The applicants sought leave to appeal a Permit to Take Water issued to Port Colborne Quarries Inc. The applications were received by the Tribunal 16 days after notice of the decision was posted on the Environmental Registry, missing the 15-day statutory deadline under s. 40 of the Environmental Bill of Rights, 1993.

The Tribunal found that it lacked jurisdiction to extend the statutory deadline and dismissed the applications for lack of jurisdiction.

Hellinga v. Ontario (Environment and Climate Change), 2016 CanLII 90722

Sylvia Davis

Natalie Mullins

13 cases2005–2026

Harry Dahme

Annie My-Linh Thuan

1 case2016–2016

Maureen Carter-Whitney

Laurie Bruce

Karen Kraft Sloan

OERTEnvironmental Review TribunalDec 13, 2016

Interim stay of Director's Order regarding waste street sweepings granted on consent.

The City of Mississauga appealed a Director's Order regarding waste street sweepings and sought an interim stay pending the disposition of a stay motion.

The Director consented to the interim stay.

The Environmental Review Tribunal found no statutory bar under sections 143(2) or 143(3) of the Environmental Protection Act and granted the interim stay on consent.

Mississauga (City) v. Ontario (Environment and Climate Change), 2016 CanLII 89330

Maureen Carter-Whitney

OERTEnvironmental Review TribunalDec 8, 2016

Adjournment granted to allow appellants to review new information regarding a related development permit application.

The appellants appealed the conditional approval of a development permit for an agricultural pond.

At the hearing, the appellants requested an adjournment upon learning of a related greenhouse expansion application for medical marijuana cultivation on the subject property.

The applicant opposed the adjournment.

The Hearing Officer granted the adjournment, finding it necessary to ensure a full and fair hearing because the new information had not been disclosed to the appellants prior to the hearing.

Kozlowski v. Ontario (Niagara Escarpment Commission), 2016 CanLII 86123

Richard D. Lindgren

Priya Vittal

Paul McCulloch

Ian Miron

Harry Dahme

Eric Gillespie

Maureen Carter-Whitney

OERTEnvironmental Review TribunalApr 14, 2016

Tribunal finalized Environmental Compliance Approval conditions for landfill closure, rejecting redundant wording on groundwater delineation.

The Concerned Citizens Committee of Tyendinaga and Environs appealed conditions of an Amended Environmental Compliance Approval issued to Waste Management of Canada Corporation for the closure of the Richmond Landfill Site.

The Tribunal considered the final wording of the conditions, rejecting an additional sentence proposed by the appellant regarding the delineation of leachate-impacted groundwater as redundant.

The Tribunal also granted an extension of time for the instrument holder to complete required work.

The appeal was allowed in part, and the Director was ordered to amend the Environmental Compliance Approval.

Concerned Citizens Committee of Tyendinaga and Environs (CCCTE) v. Ontario (Environment and Climate Change), 2016 CanLII 21201

Richard D. Lindgren

Priya Vittal

Paul McCulloch

Ian Miron

Harry Dahme

Maureen Carter-Whitney

OERTEnvironmental Review TribunalOct 29, 2015

Tribunal grants extension for completing groundwater monitoring well testing at landfill site.

The instrument holder, Waste Management of Canada Corporation, requested an extension of a deadline set out in an interim order regarding an Environmental Compliance Approval for a landfill site.

The extension was needed to complete unanticipated additional drilling and testing for groundwater monitoring wells.

The Tribunal granted the request, noting the reasonable explanation and lack of objections from other parties, and ordered the Director to amend the ECA accordingly on an interim basis.

CCCTE v. Ontario (Environment and Climate Change), 2015 CanLII 70377

Will Amos

2 cases2008–2015

Richard D. Lindgren

Priya Vittal

Paul McCulloch

Ian Miron

Harry Dahme

Eric Gillespie

Maureen Carter-Whitney

OERTEnvironmental Review TribunalMar 27, 2015

Motion for costs deferred until after main hearing; motion materials marked confidential due to privilege objection.

The Mohawks of the Bay of Quinte (MBQ) brought a motion for costs in an ongoing environmental appeal.

Due to an objection by Waste Management of Canada Corporation regarding mediation confidentiality, MBQ requested that the motion be deferred until after the main hearing.

The Tribunal granted the adjournment and ordered that the motion materials be marked confidential pending the hearing of the motion.

CCCTE v. Ontario (Environment and Climate Change), 2015 CanLII 15556

2066012 Ontario Ltd.

Nancy SmithCounsel
1 appearance

Andrew Dyment and Myrna Dyment

Myrna DymentSelf-represented
1 appearance
Andrew DymentSelf-represented
1 appearance

Barbara Irek

Barbara IrekSelf-represented
1 appearance

Concerned Citizens Committee of Tyendinaga and Environs

Richard D. LindgrenCounsel
1 appearance

Corporation of the City of Mississauga

Harry DahmeCounsel
1 appearance
Annie My-Linh ThuanCounsel
1 appearance
Natalie MullinsCounsel
1 appearance

Corporation of the City of Oshawa

Carlton ThorneCounsel
1 appearance

Counsel

Kristi M. Sargeant-KerrCounsel
1 appearance

Cox Farms Ltd.

Kevin M. ThompsonCounsel
1 appearance

Danik Daniels

Danik DanielsSelf-represented
1 appearance

Director, Ministry of the Environment and Climate Change

Steven SucciCounsel
1 appearance
Hayley ValleauAgent
1 appearance
Isabelle O’ConnorCounsel
1 appearance
Nadine HarrisCounsel
1 appearance
Paul McCullochCounsel
1 appearance
Sylvia DavisCounsel
1 appearance

Elizabeth Kozlowski

Elizabeth KozlowskiSelf-represented
1 appearance

Elizabeth Kozlowski and Jason Tuin

Elizabeth KozlowskiSelf-represented
2 appearances
Jason TuinSelf-represented
2 appearances

for Alex Krek

Zoë ThomsCounsel
1 appearance

for Alliance to Protect Prince Edward County

Eric K. GillespieCounsel
1 appearance
Kathleen CoulterAgent
1 appearance

for Anthony Mekker

Ruby MekkerAgent
2 appearances

for Barbara Irek

Barbara IrekSelf-represented
1 appearance

for BioNorth Technology Real Estate Ltd.

Frank BenincasaAgent
1 appearance

for Canadian Tire Real Estate Ltd.

Natalie MullinsCounsel
1 appearance

for Company Directors

Jennifer TeskeyCounsel
1 appearance

for Concerned Citizens Committee of Tyendinaga and Environs

Richard D. LindgrenCounsel
2 appearances
Barbora GrochalovaAgent
1 appearance

for Concerned Citizens of North Stormont

Andrew ChachulaCounsel
2 appearances
Eric GillespieCounsel
1 appearance

for Corporation of the City of Oshawa

Carlton ThorneCounsel
1 appearance

for Corporation of the City of Thunder Bay

Jessica BoilyCounsel
1 appearance
Michael FinleyCounsel
1 appearance
Rodney NortheyCounsel
1 appearance

for Cox Farms Ltd.

Kevin M. ThompsonCounsel
3 appearances

for Cynthia Daoust

Cynthia DaoustSelf-represented
1 appearance

for Director, Ministry of the Environment and Climate Change

Paul McCullochCounsel
3 appearances
Jessica RosenbergCounsel
2 appearances
Danielle MeulemanCounsel
1 appearance
Jon BradburyCounsel
1 appearance
Mitchel BoughsCounsel
1 appearance
Nadine HarrisCounsel
1 appearance
Alicia Gordon-FaganCounsel
1 appearance

for Director, Ministry of the Environment, Conservation and Parks

Paul McCullochCounsel
2 appearances
Nadine HarrisCounsel
2 appearances
Justin A. JacobCounsel
1 appearance
Jimmy BurgCounsel
1 appearance
Steven SucciCounsel
1 appearance

for Donald Constable, Mark Lawrence, Greenpath Inc., and Greenpath Eco Group Inc.

David OlesenCounsel
1 appearance

for Donald Gaffney, Elizabeth Gaffney and John Gaffney

Barry WeintraubCounsel
1 appearance

for Elizabeth Kozlowski

Elizabeth KozlowskiSelf-represented
1 appearance

for Essar Steel Algoma Inc., Essar Mumbai and Company Officers

Douglas F. HarrisonCounsel
1 appearance
Patrick G. DuffyCounsel
1 appearance
Patrick J. CorneyCounsel
1 appearance

for Fenix Parts Canada, Inc.

F.F. (Rick) CoburnCounsel
2 appearances

for Frank Benincasa

Frank BenincasaSelf-represented
1 appearance

for Gerard Spinosa

Gerard SpinosaSelf-represented
1 appearance

for Goldy Metals Incorporated

Harry PochCounsel
1 appearance

for Harry Wells

Harry WellsSelf-represented
1 appearance

for Henry Fischler

Henry FischlerSelf-represented
1 appearance

for herself

Cynthia DaoustSelf-represented
1 appearance
Elizabeth KozlowskiSelf-represented
1 appearance
Ruby MekkerSelf-represented
1 appearance

for himself

H. Willard BradleySelf-represented
1 appearance
James WintersSelf-represented
1 appearance
Jason TuinSelf-represented
1 appearance
Michael ZwiepSelf-represented
1 appearance
Rainer PethkeSelf-represented
1 appearance

for Ingeborg Sickinger

John SickingerAgent
1 appearance
Ralph SickingerAgent
1 appearance

for Jack S. Hellinga

Jack S. HellingaSelf-represented
1 appearance

for James Winters

James WintersSelf-represented
1 appearance

for Jason Tuin

Elizabeth KozlowskiAgent
2 appearances
Jason TuinSelf-represented
1 appearance

for Kenneth L. Gold

Harry PochCounsel
1 appearance

for Kenneth L. Gold and Goldy Metals Incorporated

Harry PochCounsel
1 appearance

for Keswick Presbyterian Church

Patrick WelshCounsel
1 appearance
Stefan PolitanoCounsel
1 appearance

for Michael Zwiep

Victoria ZwiepAgent
1 appearance

for Mohawks of the Bay of Quinte

Eric GillespieCounsel
2 appearances
Priya VittalCounsel
2 appearances

for Napanee Green Lights

Ian MironCounsel
1 appearance
Will AmosCounsel
1 appearance

for Nation Rise Wind Farm GP Inc.

John TerryCounsel
3 appearances

for Northwood Recycling & Energy Inc. (Receiver of)

John GeorgakopoulosCounsel
1 appearance
Matthew GardnerCounsel
1 appearance

for Port Colborne Quarries Inc.

Jody E. JohnsonCounsel
1 appearance

for Prince Edward Point Bird Observatory

Cheryl AndersonAgent
1 appearance

for Rainer Pethke

Rainer PethkeSelf-represented
1 appearance

for Richard Redekop

Barbara IrekAgent
1 appearance

for Robert Whiteside

Therin RhaintreCounsel
2 appearances
Emily MorrisCounsel
1 appearance
Eric ZablotnyAgent
1 appearance
Laird ScrimshawCounsel
1 appearance

for Ruby Mekker

Ruby MekkerSelf-represented
1 appearance

for the Alliance to Protect Prince Edward County

Kathleen CoulterCounsel
1 appearance
Eric K. GillespieCounsel
1 appearance

for the Appellant

Julia VizzaccaroCounsel
2 appearances
Harry DahmeCounsel
2 appearances
Eric MarionSelf-represented
1 appearance
Kayla R. TheeuwenCounsel
1 appearance
Nicholas FitzCounsel
1 appearance
Simon FungCounsel
1 appearance
James Christopher YoungSelf-represented
1 appearance
Carlo RizzoSelf-represented
1 appearance
Clare RiepmaAgent
1 appearance
Elizabeth GlasbergenAgent
1 appearance

for the Appellants

Ian ThompsonSelf-represented
1 appearance
Wendy RobertsSelf-represented
1 appearance

for the Applicant

Ney CalderonSelf-represented
2 appearances
N. Joan KasoziCounsel
2 appearances
R. Douglas ElliottCounsel
2 appearances
Sakina BabwaniCounsel
2 appearances
Harold ElstonCounsel
1 appearance
Dave ScottAgent
1 appearance
Kristi M. Sargeant-KerrCounsel
1 appearance

for the Applicants

Tegan O'BrienCounsel
1 appearance
Timothy PinosCounsel
1 appearance

for the Corporation of the City of Thunder Bay

Patty RobinetCounsel
1 appearance
Rodney NortheyCounsel
1 appearance

for the Director

Sylvia DavisCounsel
2 appearances
Isabelle O’ConnorCounsel
1 appearance

for the Director, Ministry of the Environment and Climate Change

Mitchel BoughsCounsel
4 appearances
Jon BradburyCounsel
3 appearances
Nadine HarrisCounsel
2 appearances
Sylvia DavisCounsel
1 appearance
Sarah KromkampCounsel
1 appearance
Catherine BulmanAgent
1 appearance
Joslyn CurrieAgent
1 appearance
Justin JacobCounsel
1 appearance

for the Director, Ministry of the Environment, Conservation and Parks

Paul McCullochCounsel
2 appearances
Jimmy BurgCounsel
1 appearance
Mitchel BoughsCounsel
1 appearance
Nadine HarrisCounsel
1 appearance

for the Niagara Escarpment Commission

Sean StewartAgent
2 appearances
Debbie RamsayAgent
1 appearance
John StuartCounsel
1 appearance
John StuartAgent
1 appearance
Debbie RamsayCounsel
1 appearance

for the potential heirs to the Estate of Chester Palmer O'Hara

Michael MillisSelf-represented
1 appearance

for the Prince Edward Point Bird Observatory

Cheryl AndersonAgent
1 appearance

for the Respondent

Jane ThompsonCounsel
2 appearances
Luis HernandezCounsel
2 appearances
Zachary D’OnofrioCounsel
2 appearances
Barrington Lue SangParalegal
1 appearance
Tori O’DwyerCounsel
1 appearance

for the Toronto and Region Conservation Authority

Jacquelyn StevensCounsel
2 appearances

for Tom Touzel on behalf of Napanee Green Lights

Ian MironCounsel
1 appearance

for Trenant Acres Ltd.

Cynthia DaoustAgent
2 appearances

for Ummah Foundation of Durham

Muhammad MansoorAgent
1 appearance

for Waste Management of Canada Corporation

Harry DahmeCounsel
2 appearances

for William and Dianne Klein

Dianne KleinSelf-represented
1 appearance

for William J. Warner and William J. Warner Investments Ltd.

Paula LombardiCounsel
2 appearances

for wpd White Pines Wind Incorporated

Jesse LongCounsel
2 appearances
Patrick G. DuffyCounsel
2 appearances

H. Willard Bradley

H. Willard BradleySelf-represented
1 appearance

James Dyment

James DymentSelf-represented
1 appearance

Jason Tuin

Jason TuinSelf-represented
1 appearance

Kyle Davies and Julie Davies

Julie DaviesSelf-represented
1 appearance
Kyle DaviesSelf-represented
1 appearance

Michael Zwiep

Michael ZwiepSelf-represented
1 appearance

Mohawks of the Bay of Quinte

Priya VittalCounsel
1 appearance

Niagara Escarpment Commission

Martin KilianAgent
3 appearances
John StuartAgent
3 appearances
Michael BaranCounsel
1 appearance
Jim AvramAgent
1 appearance
Jane ThompsonCounsel
1 appearance

Northwood Recycling & Energy Inc. (Receiver of)

John GeorgakopoulosCounsel
1 appearance
Matthew GardnerCounsel
1 appearance

Paralegal

Barrington Lue SangParalegal
1 appearance

Participant

Janice James BarlowSelf-represented
2 appearances
Carlo DimitrioSelf-represented
2 appearances
Donna ActonSelf-represented
2 appearances
Fred WipplingerSelf-represented
2 appearances
Keith CarrollSelf-represented
2 appearances
Sharon CarrollSelf-represented
2 appearances
David BartlettSelf-represented
1 appearance
David PirieSelf-represented
1 appearance
George BarlowSelf-represented
1 appearance

Peter Tate and Alison Payne-Tate

Alison Payne-TateSelf-represented
1 appearance
Peter TateSelf-represented
1 appearance

Richard Redekop

Barbara IrekAgent
2 appearances

Self-represented

Gerard SpinosaSelf-represented
1 appearance
James Christopher YoungSelf-represented
1 appearance

Self-Represented

Weixiu CuiSelf-represented
1 appearance

Tom Touzel on behalf of Napanee Green Lights

Ian MironCounsel
1 appearance

Town of Pelham

Callum SheddenCounsel
1 appearance

Ummah Foundation of Durham

Muhammad MansoorAgent
1 appearance

Waste Management of Canada Corporation

Harry DahmeCounsel
1 appearance

Wendy Roberts and Ian Thompson

Ian ThompsonSelf-represented
1 appearance
Wendy RobertsSelf-represented
1 appearance

Decisions

Years active

Tribunals

0.6

cases/mo

OERT43(84%)

OCAT4(8%)

OMLT4(8%)

Decision types

appeal

motion

trial

/Adjudicator

Maureen Carter-Whitney — Member

Civil Litigation - Plaintiff

Indigenous Legal Issues

Maureen Carter-Whitney

Member·Condominium Authority Tribunal·Since 2015

OCAT OERT OMLT

cases · 7 yrs · OERT, OCAT, OMLT

Trial

Motion

Costs

Appeal

Sentencing

Vice-Chair· 8VICE-CHAIR· 6Vice-Chair· 6Member· 5HEARING OFFICER· 5Hearing Officer· 4Vice-Chair· 3Hearing Officer· 3

John Stuart

Debbie Ramsay

Maureen Carter-Whitney

OERTEnvironmental Review TribunalMar 8, 2017

Hearing Officer ordered consecutive hearings for related development permit appeals and set scheduling deadlines.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit application to construct a dug pond for agricultural purposes.

The Hearing Officer determined that the proceedings could not be combined without the consent of all parties, but ordered that they be heard consecutively.

The Hearing Officer also scheduled hearing dates and document disclosure deadlines, subject to review at a subsequent pre-hearing conference if the pending FOI requests caused prejudice.

Kozlowski v. Ontario (Niagara Escarpment Commission), 2017 CanLII 13311

Sylvia Davis

In Private Practice9 cases2015–2024

Julia Vizzaccaro

Harry Dahme

Maureen Carter-Whitney

Laurie Bruce

Karen Kraft Sloan

OERTEnvironmental Review TribunalFeb 28, 2017

Stay of environmental order partially denied; public interest in notifying affected property owners outweighed municipality's concerns.

The City of Mississauga appealed a Director's Order requiring it to take various actions regarding street sweepings delivered to private properties between 2004 and 2011.

The City sought a stay of the Order pending the appeal.

Applying the RJR-MacDonald test, the Tribunal found no statutory bar to a stay and a serious issue to be tried.

However, the Tribunal held the City failed to demonstrate irreparable harm to its reputation or from potential litigation.

The Tribunal also found the balance of convenience and public interest favoured denying the stay for the disputed items to ensure affected property owners receive proper notice and information.

The stay was granted in part on consent and dismissed for the disputed items.

Mississauga (City) v. Ontario (Environment and Climate Change), 2017 CanLII 11501

Zoë Thoms

2 cases2016–2017

Sylvia Davis

Kayla R. Theeuwen

Maureen Carter-Whitney

OERTEnvironmental Review TribunalFeb 2, 2017

Tribunal accepts settlement agreement amending well monitoring order and dismisses appeal.

The appellant appealed a Director's Order requiring him to retain a qualified person to create and implement a Well Management Plan regarding a historic fuel oil spill.

The parties reached a settlement agreement to amend the order to limit the monitoring events to 12 months.

The Tribunal accepted the settlement agreement, finding it consistent with the Environmental Protection Act and in the public interest, and dismissed the appeal.

Knoppke v. Ontario (Environment and Climate Change), 2017 CanLII 5193

Maureen Carter-Whitney

OERTUnanimous (Wrote the reasons)47 cases2015–2021

Late appeal of development permit dismissed for lack of jurisdiction as statutory time limit cannot be extended.

Two appellants sought to appeal the Niagara Escarpment Commission's conditional approval of a development permit for greenhouse additions.

The Commission received their Notice of Appeal one day after the 14-day statutory appeal period expired.

The Hearing Officer found there was no statutory authorization or inherent jurisdiction to extend the time limit and process the late appeal.

The appeals were dismissed for lack of jurisdiction, though the appellants were permitted to request party status in a related, timely appeal.

Zwiep v. Ontario (Niagara Escarpment Commission), 2016 CanLII 90721

Maureen Carter-Whitney

Laurie M. Bruce

OERTUnanimous (Wrote the reasons)6 cases2016–2020

Motion to dismiss appeals of a development permit denied; appellants raised valid planning justifications.

The applicant requested the dismissal of appeals against a conditionally approved development permit for environmental remediation on the Niagara Escarpment.

The applicant argued the appeals lacked planning justification and were intended to delay development on a neighbouring property.

The motion to dismiss the appeals was denied.

Roberts v. Ontario (Niagara Escarpment Commission), 2016 CanLII 90720

Sarah Kromkamp

34 cases2015–2026

Jody E. Johnson

13 cases2010–2018

Maureen Carter-Whitney

OERTEnvironmental Review TribunalDec 19, 2016

Leave to appeal applications dismissed for lack of jurisdiction due to late filing.

The Tribunal found that it lacked jurisdiction to extend the statutory deadline and dismissed the applications for lack of jurisdiction.

Hellinga v. Ontario (Environment and Climate Change), 2016 CanLII 90722

Sylvia Davis

Natalie Mullins

13 cases2005–2026

Harry Dahme

Annie My-Linh Thuan

1 case2016–2016

Maureen Carter-Whitney

Laurie Bruce

Karen Kraft Sloan

OERTEnvironmental Review TribunalDec 13, 2016

Interim stay of Director's Order regarding waste street sweepings granted on consent.

The City of Mississauga appealed a Director's Order regarding waste street sweepings and sought an interim stay pending the disposition of a stay motion.

The Director consented to the interim stay.

The Environmental Review Tribunal found no statutory bar under sections 143(2) or 143(3) of the Environmental Protection Act and granted the interim stay on consent.

Mississauga (City) v. Ontario (Environment and Climate Change), 2016 CanLII 89330

Maureen Carter-Whitney

OERTEnvironmental Review TribunalDec 8, 2016

Adjournment granted to allow appellants to review new information regarding a related development permit application.

The appellants appealed the conditional approval of a development permit for an agricultural pond.

At the hearing, the appellants requested an adjournment upon learning of a related greenhouse expansion application for medical marijuana cultivation on the subject property.

The applicant opposed the adjournment.

The Hearing Officer granted the adjournment, finding it necessary to ensure a full and fair hearing because the new information had not been disclosed to the appellants prior to the hearing.

Kozlowski v. Ontario (Niagara Escarpment Commission), 2016 CanLII 86123

Richard D. Lindgren

Priya Vittal

Paul McCulloch

Ian Miron

Harry Dahme

Eric Gillespie

Maureen Carter-Whitney

OERTEnvironmental Review TribunalApr 14, 2016

Tribunal finalized Environmental Compliance Approval conditions for landfill closure, rejecting redundant wording on groundwater delineation.

The Tribunal considered the final wording of the conditions, rejecting an additional sentence proposed by the appellant regarding the delineation of leachate-impacted groundwater as redundant.

The Tribunal also granted an extension of time for the instrument holder to complete required work.

The appeal was allowed in part, and the Director was ordered to amend the Environmental Compliance Approval.

Concerned Citizens Committee of Tyendinaga and Environs (CCCTE) v. Ontario (Environment and Climate Change), 2016 CanLII 21201

Richard D. Lindgren

Priya Vittal

Paul McCulloch

Ian Miron

Harry Dahme

Maureen Carter-Whitney

OERTEnvironmental Review TribunalOct 29, 2015

Tribunal grants extension for completing groundwater monitoring well testing at landfill site.

The instrument holder, Waste Management of Canada Corporation, requested an extension of a deadline set out in an interim order regarding an Environmental Compliance Approval for a landfill site.

The extension was needed to complete unanticipated additional drilling and testing for groundwater monitoring wells.

The Tribunal granted the request, noting the reasonable explanation and lack of objections from other parties, and ordered the Director to amend the ECA accordingly on an interim basis.

CCCTE v. Ontario (Environment and Climate Change), 2015 CanLII 70377

Will Amos

2 cases2008–2015

Richard D. Lindgren

Priya Vittal

Paul McCulloch

Ian Miron

Harry Dahme

Eric Gillespie

Maureen Carter-Whitney