Harry Dahme

The appellants appealed a Director's Order requiring them to develop and implement measures to address contamination from a former manufactured gas plant.

The parties reached a settlement agreement involving the revocation of the original order, the issuance of a new order specifying risk management measures for the affected properties, and the withdrawal of the appeals.

The Environmental Review Tribunal found the settlement consistent with the Environmental Protection Act and in the public interest, approved the withdrawal of the appeals, and directed the issuance of the new order.

The appellants appealed a Director's Order regarding contamination associated with a former manufactured gas plant site.

The parties requested a further adjournment of the appeals to allow for continued discussions and the implementation of work plans.

The Tribunal granted the adjournment, finding it fair and reasonable as progress was being made and there was no immediate threat to human health or the environment.

The Mohawks of the Bay of Quinte (MBQ) brought a motion to review an earlier Tribunal order that dismissed their application for costs against Waste Management of Canada Corporation.

MBQ argued that the Tribunal erred in law by failing to consider their unique circumstances as a First Nation at the first stage of the costs analysis (determining whether conduct was unreasonable).

The Tribunal dismissed the motion, finding no error of law in the original panel's application of the three-stage costs analysis under the Statutory Powers Procedure Act and the Tribunal's Rules.

The appellant appealed a Director's Order regarding waste street sweepings under the Environmental Protection Act.

Following an agreement between the parties, the Environmental Review Tribunal ordered the Director to amend the Order to reflect new completion dates for specific work items.

The City of Mississauga appealed a Director's Order requiring it to take various actions regarding street sweepings delivered to private properties between 2004 and 2011.

The City sought a stay of the Order pending the appeal.

The Director consented to a stay of the items requiring physical investigations and remedial work, but opposed staying the items requiring the City to share information and conduct a forensic audit to identify affected properties.

Applying the RJR-MacDonald test, the Tribunal found no statutory bar to a stay and a serious issue to be tried.

However, the Tribunal held the City failed to demonstrate irreparable harm to its reputation or from potential litigation.

The Tribunal also found the balance of convenience and public interest favoured denying the stay for the disputed items to ensure affected property owners receive proper notice and information.

The stay was granted in part on consent and dismissed for the disputed items.

The City of Mississauga appealed a Director's Order regarding waste street sweepings and sought an interim stay pending the disposition of a stay motion.

The Director consented to the interim stay.

The Environmental Review Tribunal found no statutory bar under sections 143(2) or 143(3) of the Environmental Protection Act and granted the interim stay on consent.

The Mohawks of the Bay of Quinte (MBQ) brought a motion for costs in an ongoing environmental appeal.

Due to an objection by Waste Management of Canada Corporation regarding mediation confidentiality, MBQ requested that the motion be deferred until after the main hearing.

The Tribunal granted the adjournment and ordered that the motion materials be marked confidential pending the hearing of the motion.