12 total
Tribunal approves settlement and revokes municipal order regarding clean-up costs for an oil spill.
The appellant school board appealed a municipal order requiring it to pay clean-up costs for a heating oil spill at a former school site.
The parties reached a settlement agreement that provided for the recovery of previous costs and the sharing of future remediation costs.
The Ontario Land Tribunal found the proposed revocation of the municipal order to be consistent with the Environmental Protection Act and in the public interest, approving the settlement and dismissing the proceeding.
Judicial review of municipal road planning dismissed as premature due to ongoing administrative processes.
The applicant sought judicial review of the City of Markham's alleged decisions to plan and approve a four-lane collector road crossing protected Greenbelt lands.
The City argued the application was premature because the environmental assessment and planning processes were ongoing and no final location for the road had been determined.
The Divisional Court agreed, holding that absent exceptional circumstances, courts should not interfere with ongoing administrative processes until they are complete.
The application was dismissed as premature.
Tribunal approves settlement and revokes municipal order for oil spill clean-up costs.
The Nipissing-Parry Sound Catholic District School Board appealed a municipal order requiring it to pay clean-up costs for a heating oil spill at a former school site.
The parties reached a settlement agreement providing for the recovery of previous costs and the sharing of future remediation costs.
The Ontario Land Tribunal approved the proposed revocation of the municipal order, finding it consistent with the Environmental Protection Act and in the public interest, and dismissed the proceeding.
Tribunal finds 1969 school board is the legal successor to 1957 board for environmental liability.
The Municipality of East Ferris issued an order under the Environmental Protection Act requiring the Nipissing-Parry Sound Catholic District School Board to pay costs for cleaning up a heating oil spill at a former school site.
The School Board appealed, arguing it was not the legal successor to the 1957 school board that owned the property when the school was built.
The Environmental Review Tribunal found that under the 1968 Separate Schools Act, the 1969 school board took over the functions, responsibilities, and liabilities of the 1957 board, making it the legal successor for the purposes of section 91 of the Environmental Protection Act.
Tribunal accepts settlement agreement regarding remediation of heating oil spill and dismisses appeals.
The parties appealed a Municipal Order and a Director's Order regarding the clean-up of a heating oil spill at a former school site.
Following mediation, the parties reached a settlement agreement that included a remediation action plan and an amendment to the Director's Order regarding sampling requirements.
The Tribunal found the settlement agreement consistent with the Environmental Protection Act and in the public interest, accepted the settlement, and dismissed the appeals.
Tribunal issues procedural order scheduling a one-day hearing for an environmental remediation appeal.
The Tribunal held pre-hearing conferences regarding consolidated appeals related to a heating oil spill at a former school site.
The appeals involve a municipal order for clean-up costs and a Director's Order requiring remediation work.
The parties engaged in mediation and resolved most issues.
The Tribunal issued a procedural order scheduling a one-day hearing to address the single remaining issue in the Director's Order appeal.
Tribunal issues procedural schedule for hearing on municipal order regarding oil spill cleanup costs.
The Environmental Review Tribunal issued a procedural order following a pre-hearing conference regarding two consolidated appeals related to a heating oil spill at a former school site.
The first appeal concerned a municipal order directing the school board to pay cleanup costs, while the second concerned a Director's order issued to both the municipality and the school board.
The Tribunal established a procedural schedule for the first phase of the municipal order appeal and directed the parties to provide an update on their mediation efforts regarding the Director's order.
Adjournment granted pending issuance of a related Ministry of the Environment Director's order.
The municipality issued an order directing the school board to pay costs related to the clean-up of a heating oil spill from underground storage tanks.
The school board appealed the order to the Environmental Review Tribunal.
The parties jointly requested an adjournment of the proceeding because the Ministry of the Environment and Climate Change indicated it would soon issue a Director's order against both parties regarding the same spill.
The Tribunal granted the adjournment to allow the parties to determine whether they would appeal the anticipated Director's order and potentially consolidate the proceedings.
Appeals of Director's Order dismissed on consent after appellants complied with operation plan requirements.
The appellants appealed a Director's Order requiring them to cease receiving and processing end-of-life vehicles at a site in Toronto following a fire.
After negotiations, the Director confirmed the revised operation plan complied with the order.
The appellants withdrew their appeals and stay motion on consent.
The Tribunal dismissed the appeals pursuant to Rule 199 of the Tribunal's Rules of Practice.
Tribunal ordered a two-phase hearing to determine liability for an oil spill before assessing remediation costs.
The appellant school board appealed a municipal order requiring it to pay over $600,000 for the clean-up of a heating oil spill from underground storage tanks at a former school site.
At a pre-hearing conference, the parties jointly requested that the hearing be conducted in two phases: the first to determine if the school board was the owner or person in control of the oil at the time of the spill, and the second to assess the reasonableness and purpose of the costs incurred by the municipality.
The Tribunal granted the request to phase the hearing and adjourned the pre-hearing conference to allow the school board time to review technical reports and receive particulars.
Tribunal adjourns stay motion on consent but denies request for Tribunal-assisted mediation prior to Pre-hearing Conference.
The appellants appealed a Director's Order requiring them to cease receiving and processing end-of-life vehicles following a fire at their site.
The parties jointly requested an adjournment of a scheduled stay motion and asked the Tribunal to provide mediation services prior to the Pre-hearing Conference (PHC).
The Tribunal granted the adjournment on consent but denied the request for early Tribunal-assisted mediation, finding that its rules and practice require the PHC to occur first to ensure all interested persons have an opportunity to participate.
Leave to appeal OMB decision granted due to potential errors in applying minor variance tests.
The applicants sought leave to appeal a decision of the Ontario Municipal Board (OMB) granting minor variances to the respondents to construct a new two-storey building.
The applicants argued the OMB erred in law by subsuming the four tests under s. 45(1) of the Planning Act into a single test of impact, failing to require a demonstrated need for the variances, misapprehending evidence regarding building length and height, and imposing an unenforceable condition on a rear balcony.
The Divisional Court found reason to doubt the correctness of the OMB's decision on these questions of law and granted leave to appeal.
