Justin Duncan

The Environmental Review Tribunal held a preliminary hearing regarding an appeal of a Renewable Energy Approval for a wind facility.

The Tribunal considered requests for participant and presenter status from the City of Kawartha Lakes, Save the Oak Ridges Moraine Coalition, and two individuals.

The Tribunal granted the requests subject to general conditions, finding that the applicants had a genuine interest and would make a relevant contribution to the proceeding.

The Tribunal also confirmed procedural directions and the hearing schedule.

The Environmental Review Tribunal held a preliminary hearing regarding an appeal of a Renewable Energy Approval for the Gunn's Hill Wind Farm.

The Tribunal granted presenter status to the Township of Norwich on consent of the parties.

The Tribunal also issued detailed procedural directions for the main hearing, including deadlines for witness statements, expert qualifications, and final submissions.

The appellants appealed Director's Orders requiring them to address DDT pesticide and metabolite contamination in Bartlett Creek.

At a preliminary hearing, the parties advised they were engaged in settlement discussions and requested that hearing dates not be set immediately.

Following a subsequent telephone conference call, the Tribunal issued procedural directions on consent, establishing a timetable for disclosure, witness statements, and the hearing, while noting the parties' intention to participate in Tribunal-assisted mediation.

The appellant appealed the Niagara Escarpment Commission's refusal to issue a development permit that would allow the importation of 1.8 million cubic metres of fill to rehabilitate a quarry.

The appellant argued the proposal was a permitted use under the Niagara Escarpment Plan, such as a mineral extraction operation or forest management.

The Hearing Officers found that the existing rehabilitation plan was substantially complete and that the proposal amounted to a commercial fill operation, which is not a permitted use.

The appeal was dismissed.

The appellant appealed a Renewable Energy Approval issued for a wind facility.

At a preliminary hearing, the Municipality of Grey Highlands sought participant status, while several individuals and a homeowners association sought presenter status.

The Tribunal granted the requests, subject to the condition that their presentations be relevant to the permissible grounds of appeal and confined to the issues raised in the notice of appeal.

The Tribunal also issued procedural directions and a schedule for the main hearing.

The appellant appealed the terms and conditions of an Environmental Compliance Approval for sewage works.

Following the evidentiary hearing, the Tribunal issued a procedural order regarding written and oral closing submissions and a site visit.

The Tribunal ordered a perimeter walk of the site without requiring attendees to sign liability waivers or non-disclosure agreements.

The appellants appealed a Director's Order requiring them to develop and implement a remedial action plan for diesel contamination on their property.

The parties agreed to an interim stay of the order's implementation requirement pending the appeal's resolution, while altering the compliance dates for the plan's preparation.

The Environmental Review Tribunal found it had jurisdiction to issue the interim order and that no statutory bar under the Environmental Protection Act prevented the stay, as it would not cause danger to health, safety, or the environment.

The Tribunal granted the interim stay on consent.