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Participant status granted to 47 individuals and procedural directions issued in shoreline preservation by-law appeal.
The Tribunal held a first Case Management Conference regarding an appeal of a Shoreline Preservation By-law passed by the Municipality of Hastings Highlands.
The Tribunal granted participant status to 47 individuals on consent of the parties.
The parties were directed to confer on a revised draft Procedural Order and a second Case Management Conference was scheduled.
An eight-day hearing on the merits was scheduled for July 2023.
The court dismissed an application to transfer a conservation permit appeal to the Superior Court, finding no jurisdiction under the Mining Act.
The applicants sought to transfer an appeal from the Mining and Lands Tribunal to the Superior Court of Justice under section 107 of the Mining Act.
The underlying appeal concerned the refusal of a permit by the Cataraqui Region Conservation Authority under the Conservation Authorities Act for a pool house.
The court dismissed the application, finding it lacked jurisdiction because the original proceeding was not "under the Mining Act." Even if jurisdiction existed, the court would not have exercised its discretion to transfer, as the matter fell within the specialized expertise of the Tribunal and did not raise general legal principles outside its scope.
The court also rejected arguments regarding tribunal delay and the deteriorating condition of the structure, noting the applicants' own conduct in building without a permit.
