Justin Duncan

The Chippewas of Nawash Unceded First Nation and the Ontario Heritage Trust appealed the Niagara Escarpment Commission's conditional approval of a development permit for a property located within a sacred cultural landscape.

The parties reached a settlement agreement involving the purchase of the subject property by the Chippewas of Nawash.

The Hearing Officers confirmed the conditional approval with a revised expiration date, as agreed by the parties, and the appeals were withdrawn.

The appellant appealed the Director's refusal to issue an environmental compliance approval for a hauled sewage disposal site.

The parties reached a settlement agreement that included a draft amended approval with stringent conditions, a two-year expiry date, and an action plan for environmental monitoring.

The Tribunal found the settlement consistent with the purpose of the Environmental Protection Act and in the public interest, directing the issuance of the amended approval and dismissing the appeal.

The appellant appealed the Director's refusal to issue an Environmental Compliance Approval for a hauled sewage disposal site.

Following mediation, the parties reached a tentative settlement.

The Tribunal issued a procedural order scheduling a one-day hearing to review the settlement agreement and hear from participants, and set deadlines for filing materials.

The appellant appealed conditions of a Permit to Take Water requiring the installation of a nested bedrock monitoring well at its golf course.

Following unsuccessful mediation, the parties requested that the Tribunal set dates for a hearing.

The Tribunal issued a procedural order setting the hearing dates, establishing a schedule for document disclosure and witness statements, and determining the order of evidence presentation.

The Appellant appealed the Director's decision to issue an amendment to a Renewable Energy Approval for a wind project.

The Approval Holder and the Director brought motions to strike the Notice of Appeal and dismiss the appeal, arguing the Tribunal lacked jurisdiction because the appeal raised issues unrelated to the specific amendment, which only allowed for an alternate transformer.

The Tribunal granted the motions, struck the Notice of Appeal and witness statements, and dismissed the appeal, finding that the Appellant failed to allege any harm arising specifically from the amendment.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to recognize the demolition of a storage barn.

During a pre-hearing telephone conference call, the property owner requested and was granted party status without objection.

The Hearing Officers also set a procedural schedule for the exchange of witness lists, witness statements, and the hearing dates.

The appellants appealed a municipal order requiring them to pay costs for cleaning up an oily contamination spill.

Parallel civil and by-law proceedings were also ongoing.

The parties jointly requested an adjournment of the appeal pending the Superior Court's decision on a motion to stay the civil and administrative proceedings.

The Tribunal granted the adjournment and scheduled a further telephone conference call.

At a pre-hearing conference regarding an appeal of the Director's refusal to issue an Environmental Compliance Approval for a hauled sewage disposal site, the Tribunal considered requests for party and participant status.

The Township of Algonquin Highlands was granted party status.

Several individuals and a property owners' association were granted participant status, while one individual's request was deferred as she intended to be a witness.

The Tribunal also set a schedule for mediation and the hearing.

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.

The Director and the Approval Holder brought motions to strike the appellant's Notice of Appeal regarding an amendment to a Renewable Energy Approval for a wind project.

The Tribunal granted the motions, struck the Notice of Appeal and the appellant's witness statements, and dismissed the appeal, with reasons to follow.

The Tribunal also granted participant status to two entities.

The applicant sought leave to appeal the issuance of an Environmental Compliance Approval (ECA) for a hydroelectric generating station.

The Tribunal found that it lacked jurisdiction to hear the application because the ECA was exempt from the notice requirements of section 22 of the Environmental Bill of Rights under section 32(2), as it was a step towards implementing an undertaking exempted by regulation under the Environmental Assessment Act.

The application for leave to appeal was dismissed.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit recognizing the demolition of a storage barn.

At a pre-hearing conference, the appellant raised concerns regarding environmental contamination and heritage value, and requested additional conditions.

Noting that the appellant had not received all relevant documents, the Hearing Panel ordered the parties to exchange documents and scheduled a further teleconference to identify remaining issues and set hearing dates.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for a two-storey addition to an existing dwelling.

The appellant argued the permit should not be granted because an existing garage and fence encroached on an unopened municipal road allowance.

The applicant brought a motion to dismiss the appeal without a hearing.

The Hearing Officers granted the motion and dismissed the appeal, finding that the alleged encroachment was a property boundary dispute outside the scope of the development permit and did not disclose a valid planning justification.

The appellant appealed conditions of a Permit to Take Water requiring the installation of a nested bedrock monitoring well.

At a pre-hearing conference, the Regional Municipality of Waterloo requested participant status, arguing it had an interest in monitoring the aquifer which serves as its source of drinking water.

The Tribunal granted participant status to the Region on consent and set a schedule for document disclosure and mediation.

The appellants appealed an order issued by the Director of the Ministry of the Environment and Climate Change requiring them to delineate off-site contamination.

After an unsuccessful jurisdictional motion, the appellants withdrew their remaining grounds of appeal on the basis that the order's requirements had been or would be substantially complied with.

The Director consented to the withdrawal.

The Environmental Review Tribunal dismissed the appeals pursuant to Rule 199 of its Rules of Practice.

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.

The appellant appealed a Director's Order requiring him to retain a consultant to assess and remediate petroleum impact from a 1990 spill on his property.

The Director subsequently revoked the order after receiving evidence that a third party had tampered with a neighbouring well by adding fuel oil, invalidating the samples, and that there was no credible evidence linking the 1990 spill to the current contamination.

The Tribunal found the revocation consistent with the Environmental Protection Act and dismissed the appeal.

The Association for the Protection of Amherst Island appealed the Director's decision to issue a Renewable Energy Approval to Windlectric Inc. for a 26-turbine wind facility on Amherst Island.

The Appellant argued the project would cause serious harm to human health from turbine and concrete batch plant emissions, and serious and irreversible harm to animal life, specifically Bobolink, raptors/owls, bats, and Blanding's turtles.

The Environmental Review Tribunal found that the Appellant failed to meet the statutory onus under the Environmental Protection Act to prove that the project would cause serious harm to human health or serious and irreversible harm to the natural environment.

The appeal was dismissed and the Director's decision was confirmed.

The Appellant appealed the Director's decision to issue a renewable energy approval for a wind project.

Due to the complexity of the hearing and numerous motions, the statutory six-month deadline for disposition was approaching.

The Tribunal ordered an adjournment on its own initiative, with the consent of the Appellant and Director, to allow sufficient time to deliberate and write its decision.

The Director of the Ministry of the Environment and Climate Change requested an adjournment of the hearing to allow for further environmental sampling and testing regarding a historic petroleum spill.

The appellant consented to the adjournment, while other parties had mixed positions.

The Environmental Review Tribunal granted the adjournment, finding it was in the public interest and would not cause environmental harm, as the Director's Order remained in effect.