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Motion to dismiss appeal for failure to respond denied; appellant's misunderstanding did not warrant summary dismissal.
During a Case Management Conference for an appeal of a Director's Order regarding odour emissions from a poultry farm, the Director brought a motion to dismiss the appeal.
The Director argued the appellant failed to respond to a Tribunal request for information.
The Tribunal denied the motion, finding the appellant's failure was due to a misunderstanding and did not warrant summary dismissal.
The Tribunal also granted participant status to a nearby resident and directed the parties to engage in settlement discussions and expert meetings.