Alexandra Mingo

The Environmental Review Tribunal granted further adjournments of three inter-related appeals concerning Director's Orders for three waste disposal sites in northern Ontario.

The adjournments were granted to allow the parties to continue settlement discussions and await the outcome of related civil proceedings regarding an indemnity agreement.

The appellant appealed the Director's decision to issue a Renewable Energy Approval for a 9-turbine wind facility on the Oak Ridges Moraine.

The appellant argued the project would cause serious harm to human health due to noise, shadow flicker, and safety risks, and serious and irreversible harm to the natural environment, including groundwater and bird species at risk.

The Tribunal found the appellant failed to meet its onus of proving the statutory tests under the Environmental Protection Act, relying on the expert evidence provided by the approval holder.

The appeal was dismissed and the Director's decision confirmed.

The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility.

One appellant subsequently proposed to withdraw its appeal with the consent of all parties.

The Environmental Review Tribunal accepted the withdrawal and dismissed that appeal.

The Tribunal also granted participant status to an environmental coalition in the remaining appeal and issued procedural directions for the hearing.

The appellants appealed a Director's Order requiring them to develop and implement a remedial action plan for diesel contamination on their property.

The parties agreed to an interim stay of the order's implementation requirement pending the appeal's resolution, while altering the compliance dates for the plan's preparation.

The Environmental Review Tribunal found it had jurisdiction to issue the interim order and that no statutory bar under the Environmental Protection Act prevented the stay, as it would not cause danger to health, safety, or the environment.

The Tribunal granted the interim stay on consent.