Giselle Davidian

The appellants appealed a Director's Order issued under the Environmental Protection Act regarding environmental concerns at a property in Kitchener.

During a Case Management Conference, the appellants sought an oral motion for an interim stay of the order, while the respondent sought to schedule a motion to dismiss the appeal for lack of jurisdiction due to time limitations.

The Tribunal declined to entertain the oral motion for an interim stay and directed the parties to proceed with their respective preliminary motions by way of formal Notice of Motion in accordance with the Tribunal's Rules of Practice and Procedure.

The Case Management Conference was adjourned to allow the parties to complete their motions.

The Orderees appealed an order issued by the Director under the Environmental Protection Act.

The Tribunal initiated a motion to determine its jurisdiction to process the appeal, which was filed on June 25, 2021, well past the 15-day statutory deadline following service of the order on January 28, 2021.

The Orderees argued that an earlier appeal filed on February 7, 2021 was valid and sought to amend it or extend the time for the June appeal.

The Tribunal found it lacked statutory authority to extend the time under s. 141 of the Act because the Orderees had actual notice of the order.

The June 25, 2021 appeal was dismissed for failing to meet statutory requirements, though the Tribunal noted the February 7, 2021 appeals remained separate proceedings to be addressed at a future Case Management Conference.