J. Kahn

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.

The City advised that settlements had been reached with several parties and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing for May 19, 2022, and a two-week merits hearing commencing July 4, 2022.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Central Waterfront Secondary Plan and Port Lands Official Plan Modification.

The parties presented a draft Procedural Order and thematic Issues List.

The Tribunal directed the parties to finalize the Procedural Order, attempt to resolve specific built form issues, and scheduled a five-week hearing for May and June 2022.

The instrument holder brought a motion to lift the automatic stay of a Permit to Take Water issued by the Director, which had been appealed by the appellants.

The parties reached a proposed settlement to lift the stay subject to conditions regarding sump pond water levels, berm inspections, water quality monitoring, and well sampling for residents.

The Tribunal found that the proposed conditions addressed the public interest considerations under s. 102(3) of the Ontario Water Resources Act and would not result in danger to health, impairment of waters, or injury to property or the environment.

The motion to lift the automatic stay was granted on consent, subject to the agreed-upon conditions.

The applicant brought a motion requesting an in-person hearing instead of a virtual hearing, citing his and his witnesses' lack of technological proficiency and anxiety regarding virtual platforms.

The Board dismissed the motion, noting that the applicant and witnesses could attend their counsel's office to testify with assistance.

The Board emphasized that the matter had already been delayed for almost two years and that electronic hearings are permitted under the Hearings in Tribunal Proceedings (Temporary Measures) Act 2020.

The appellants appealed the Director's decision to issue a Permit to Take Water to the instrument holder for washing aggregates.

The granting of leave to appeal triggered an automatic stay of the permit under the Environmental Bill of Rights.

The instrument holder brought a motion to remove the automatic stay and requested an interim lifting of the stay pending the motion's disposition.

On consent of the parties, the Tribunal granted the interim lifting of the automatic stay subject to conditions regarding sump pond management and well water sampling.

The applicants sought leave to appeal the Director's decision to issue a Permit to Take Water to CRH Canada Group Inc. for aggregate washing at the Teedon Pit.

The Tribunal found that both applicants had standing.

Applying the leave test under section 41 of the Environmental Bill of Rights, the Tribunal concluded there was good reason to believe no reasonable person could have issued the Permit, given the failure to adequately apply the precautionary principle, preventive strategies, and sustainable development principles in light of scientific uncertainty regarding groundwater impacts.

The Tribunal also found the decision could result in significant environmental harm due to the potential for well contamination and flooding.

Leave to appeal was granted.

The proponent sought various instruments and undertakings for the extension of the Acton Quarry.

Following an interim decision approving the undertakings and a deferral of the Environmental Compliance Approval and Permit to Take Water to the Ministry of Environment and Climate Change, the proponent confirmed there were no inconsistencies between the draft Ministry instruments and the Board's approvals.

The Board issued its final decision confirming the interim decision.

The proponent sought approval for various instruments and undertakings required for the extension of the Acton Quarry.

Following extensive review and consultation, the public agencies and the proponent reached an agreement on modifications and conditions to protect natural heritage and water resources.

The Board reviewed the planning instruments, including official plan amendments, zoning by-laws, and the aggregate extraction licence, finding them consistent with the Provincial Policy Statement and in conformity with the Greenbelt Plan and Niagara Escarpment Plan.

The undertakings were approved.

A second prehearing was held regarding Dufferin Aggregates' proposed extension of the Acton Quarry.

On consent of all parties, the Joint Board deferred consideration of the Permit to take Water and Environmental Compliance Approval to the Ministry of the Environment and Climate Change, pursuant to s. 5(3) of the Consolidated Hearings Act.

The Board also varied the procedural schedule for serving and filing expert witness statements and related materials.

This was the first appearance before the Joint Board regarding Dufferin Aggregates' proposed extension of the Acton Quarry.

The Board granted participant status to several individuals and one non-profit group, and set procedural directions and dates for the hearing of the merits.