Justin Jacob

The appellants brought motions to stay various sections of a Director's Order requiring them to maintain environmental protection measures and assess environmental conditions at steel mill and mining operations.

The Tribunal granted the Company Directors' motion to stay section 2.9 on consent.

The Tribunal also granted the Company and Company Officers' motion to stay section 2.11, but dismissed the request to stay the remaining sections.

The appellant appealed Director's Orders regarding the containment and monitoring of groundwater contamination.

Following a previous Tribunal order upholding the Director's Orders, the appellant withdrew the Notices of Allegation against third parties.

The Tribunal accepted the withdrawal and dismissed the appeals.

The appellants appealed an order from the Director of the Ministry of the Environment and Climate Change requiring an environmental investigation program at a former dry cleaning facility.

At a preliminary hearing, the Town of Bradford West Gwillimbury requested party status, arguing it owned adjacent property potentially affected by contamination and could provide municipal expertise.

The Tribunal granted the Town party status on consent and adjourned the preliminary hearing to allow the parties to progress on the work items in the order.

The appellants appealed a Director's Order relating to a spill of environmental contaminants, including toluene and acetone, at a site in Fort Erie.

Several appellants brought motions to stay the Director's Order pending the final resolution of the appeals.

At the hearing, the moving parties and the Director presented an agreement for a partial stay and interim amendments to the Order.

The Environmental Review Tribunal approved the consent agreement, finding that the stay would not result in a danger to health, safety, or the environment, and that the balance of convenience favoured granting the stay to allow necessary investigative work to proceed.

The appellants appealed a Director's Order requiring work to prevent the discharge of contaminants from a site in Fort Erie.

On consent of the parties, the Environmental Review Tribunal granted an interim stay of portions of the Order and amended specific items pending the final resolution of the appeal.

The amended Order established new compliance dates and requirements for investigating soil, groundwater, sediment, and surface water impacts.

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.

The appellant appealed a decision of the Superior Court of Justice declining to entertain its s. 24(1) Charter application based on post-trial delay.

The Court of Appeal dismissed the appeal, finding no error in the application judge's exercise of discretion, as the appellant had already raised the s. 11(b) Charter issue in an appeal to the Provincial Offences Appeal Court under the Provincial Offences Act.

The respondent parents brought a motion under Rule 20(5) of the Family Law Rules seeking disclosure of the names and addresses of all private investigators hired by the Children's Services society, along with copies of all correspondence, retainer agreements, and exchanges between the society and investigators since November 2012.

The parents alleged they had observed unknown persons conducting surveillance of their home and taking photographs.

The society claimed litigation privilege over the surveillance materials.

The court dismissed the motion, finding that while the society has a broad disclosure obligation under Stinchcombe principles, litigation privilege protects work product prepared in contemplation of litigation, including surveillance conducted for litigation purposes that has not been relied upon as evidence.

The appellants appealed three Director's Orders issued by the Ministry of the Environment regarding environmental issues at three waste disposal sites.

The parties negotiated a resolution regarding the Margach Waste Disposal Site and submitted a Draft Interim Order to the Environmental Review Tribunal.

The Tribunal approved the Draft Interim Order on consent, which included a stay of the financial assurance requirements and an extension of deadlines for implementing closure plan requirements, finding that the statutory bars to a stay under the Environmental Protection Act did not apply.

The appellants appealed three Director's Orders regarding environmental issues at three waste disposal sites.

The parties negotiated an interim agreement regarding the third order (the Dryden Order), which included a stay of the requirement to provide financial assurance pending the outcome of the appeals.

The Tribunal approved the interim agreement and granted the stay on consent, noting that the statutory bars to a stay did not apply and that the appellants' commitments addressed the Director's concerns.

The appellants appealed a Director's Order requiring them to maintain and monitor a closed landfill site after the current owner became insolvent.

The parties jointly proposed a Draft Interim Order to stay the financial assurance requirements and amend the timing of other work items pending the outcome of the appeals.

The Tribunal found that the statutory bars to a stay under section 143(3) of the Environmental Protection Act did not apply and approved the Draft Interim Order on consent, adjourning the matter to allow for settlement negotiations.