3 total
Tribunal approves settlement agreement and revokes orders regarding nuisance bears at municipal waste disposal sites.
The appellant municipality appealed three Provincial Officer's Orders requiring it to address nuisance bears at three waste disposal sites.
The parties subsequently reached a settlement agreement based on an Action Plan developed by the municipality.
The Environmental Review Tribunal accepted the settlement, finding it consistent with the Environmental Protection Act and in the public interest, directed the revocation of the orders, and dismissed the appeal.
ISOA child support application dismissed due to incomplete evidence and procedural deficiencies.
The applicant brought an application under the Inter-Jurisdictional Support Orders Act seeking a child support order against a respondent residing in Quebec.
The court reviewed the materials filed in support of a provisional order and identified several deficiencies, including reliance on incorrect statutory provisions, failure to highlight relevant sections, use of Ontario child support tables instead of the Quebec tables, insufficient evidence of the respondent’s income, and inadequate documentation supporting claimed special or extraordinary expenses.
The court emphasized that provisional ISOA orders made without notice must be supported by clear and complete evidence to avoid rejection by the confirming jurisdiction.
As the materials were incomplete and unclear, the application was dismissed without prejudice to refiling.
Insurer denied permission to call more than two expert witnesses in a $1,350 accident benefits dispute.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for chiropractic treatment.
The insurer refused to pay and sought permission to call three expert witnesses at the upcoming hearing, contrary to Rule 42.4 of the Dispute Resolution Practice Code which limits parties to two experts without permission.
The arbitrator applied the criteria from Burgess v. Wu and R. v. Mohan, emphasizing the tribunal's mandate to provide a quick and inexpensive resolution.
Given that the amount in dispute was only $1,350, the arbitrator found the time and cost of calling three experts disproportionate and denied the insurer's request to call more than two expert witnesses.
