Quinn Moyer

The Minister of Natural Resources and Forestry proposed to transfer an aggregate licence from the objector (the current licensee) to the applicant (the landowner) after the extraction agreement between them expired and the pit sat dormant for over 20 years.

The objector requested a hearing, arguing the transfer should be subject to a condition requiring the applicant to pay $750,000 in compensation for the economic value of the licence.

The Tribunal found that while an aggregate licence has an economic value tied to the remaining resource, the Tribunal does not have the jurisdiction under the Aggregate Resources Act or the Ontario Land Tribunal Act to attach a condition requiring financial compensation to a licence transfer.

The Tribunal held that resolving financial disputes between private parties is not necessary or incidental to its mandate of managing aggregate resources.

The Tribunal directed the Minister to carry out the transfer without conditions.

The Minister of Natural Resources and Forestry referred the proposed transfer of an aggregate licence to the Tribunal after the current licensee objected.

On a motion to qualify expert witnesses, the Tribunal considered objections to two proposed experts based on alleged conflicts of interest.

The Tribunal qualified both experts, finding that the aggregate industry executive's general financial interest in the industry did not disqualify him, and that the Ministry employee's role was sufficiently detached to allow him to provide impartial evidence.

Two other proposed witnesses were conceded to be factual witnesses only.