J. Douglas Grenkie

The appellants appealed a Director's Order issued by the Ministry of the Environment, Conservation and Parks requiring them to stop burning waste wood, remove waste materials, and install monitoring wells on their property.

Prior to the hearing, the parties reached a settlement that revised the original 11-item order into a 7-item order with updated compliance dates.

The Ontario Land Tribunal approved the settlement, finding it to be a fair and equitable resolution that protects the natural environment while minimizing financial hardship to the appellants.

The Tribunal held a second Case Management Conference regarding an appeal of a Director's Order issued under the Environmental Protection Act.

The parties indicated an openness to mediation and submitted a draft Procedural Order and Issues List.

The Tribunal approved the Procedural Order with minor modifications and scheduled a five-day video hearing.

The appellants sought a stay of a Director's Order requiring them to cease burning waste materials, remove waste from their farm property, and install groundwater monitoring wells.

The Tribunal found that while it was not precluded by statute from granting a stay, the appellants failed to meet the three-part test for interlocutory relief under RJR-MacDonald.

Specifically, the appellants provided no evidence of irreparable harm that would result from complying with the order.

The motion for a stay was dismissed.

The Ontario Land Tribunal held a telephone conference call to schedule a motion for a stay of a Director's Order issued under the Environmental Protection Act, which prohibited the burning of waste wood materials at the site.

The Tribunal set dates for the stay motion, established a timetable for the exchange of motion materials, and scheduled a 5-day hearing on the merits.

The appellants appealed a Director's Order requiring the removal of hazardous waste and the completion of a Phase Two Environmental Site Assessment.

Following a previous decision ordering the Director to amend the order, the parties disagreed on the compliance deadlines for the remaining work items.

The appellants requested an extension because their retained Qualified Person was occupied with emergency work at another property following a fire.

The Tribunal accepted the parties' agreed-upon extended compliance dates of August 3, 2021, for the Action Plan and October 29, 2021, for the Final Report, and directed the Director to issue the amended order with these dates.

The appellants appealed a Director's Order requiring a Phase One Environmental Site Assessment and other actions at a site in Brockville.

At a pre-hearing conference, the parties consented to a stay of Items 1 to 15 of the Director's Order.

The Tribunal found it was not precluded from issuing a stay under the Environmental Protection Act and granted the stay.

The Tribunal also set the schedule for the hearing and next steps.