Bryan Buttigieg

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of an Environmental Penalty Order issued for water emitted from a former graphite mine.

The Tribunal reviewed a draft Procedural Order and directed amendments.

Noting the respondent's refusal to consent to mediation, the Tribunal invoked its mandate to ensure cost-effective resolution and directed the appellant to file a Request for Mediation.

A three-day hearing on the merits was scheduled.

The appellants appealed a Director's Order requiring them to submit an application for an Environmental Compliance Approval for a waste disposal site and a financial assurance estimate.

After the Tribunal dismissed the appeal regarding the ECA requirement in a first phase hearing, the appellants withdrew the remainder of their appeal.

The Tribunal lifted the stay on the remaining items, set compliance dates, and dismissed the proceeding pursuant to Rule 199 of the Tribunal's Rules of Practice.

The Crown applied for special leave to appeal a decision upholding a non-suit in a prosecution against Petro Canada.

The Crown argued that the Justice of the Peace erred in refusing to admit a letter and its enclosures into evidence.

The Court of Appeal denied special leave, noting that while the Justice of the Peace may have erred in excluding the evidence, the case did not warrant special leave.

The Crown appealed a decision regarding charges against the respondent under the Environmental Protection Act and the Ontario Water Resources Act.

Following further submissions, the Court of Appeal concluded that errors of law relating to the due diligence defence applied equally to both charges.

Pursuant to s. 125 of the Provincial Offences Act, the Court ordered that the OWRA charge be retried together with the EPA charge.