24 total
Motion to quash granted; mandamus unavailable to compel general, discretionary regulatory enforcement.
The moving party, a provincial regulator, brought a motion to quash an application for judicial review by a waste management corporation.
The corporation sought an order of mandamus requiring the regulator to enforce the Resource Recovery and Circular Economy Act, 2016, alleging economic loss due to non-enforcement.
The Divisional Court granted the motion to quash, finding it plain and obvious the application could not succeed because mandamus is not available to compel general enforcement untethered to specific facts, and the regulator's enforcement powers are discretionary.
Judicial review of Ministry's acceptance of aggregate permit application dismissed as decision was reasonable.
The applicant brought an application for judicial review of a Ministry decision affirming the acceptance of a competitor's aggregate permit application as complete.
The applicant argued the Ministry unreasonably justified its acceptance of the competitor's application and failed to concurrently reconsider the applicant's own application.
The Divisional Court dismissed the application, finding that the Ministry provided a reasoned explanation for departing from its policies regarding site visits and archaeological checklists, and that concurrent reconsideration was not required to meet the reasonableness standard.
Procedural order issued for appeals regarding a proposed 18-lot subdivision in Hamilton.
The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1376412 Ontario Ltd. (Zeina Homes) against the City of Hamilton's refusal of applications to amend the Zoning By-law and for a proposed Plan of Subdivision.
The applications seek to permit an 18-lot subdivision and a stormwater management facility block.
The procedural order sets out the organization of the hearing, requirements before the hearing, the parties and participants, the issues list, the order of evidence, and a summary of filing dates.
Party status granted to adjacent industrial operator at Case Management Conference for subdivision appeal.
The Tribunal held a second Case Management Conference regarding appeals by the applicant against the City's refusal of a Zoning By-law Amendment and proposed Plan of Subdivision for an 18-lot residential development.
The Tribunal granted Party status to an adjacent industrial operator.
The Tribunal also provided directions to the parties to finalize the Procedural Order and Issues List.
Tribunal approves settlement amending environmental compliance approval to replace odour limit with odour objective.
The appellant appealed conditions in an Amended Environmental Compliance Approval relating to odour emissions from its animal by-product processing plant.
The parties reached a settlement to replace a mandatory odour performance limit with an odour objective, requiring comprehensive updates to the Odour Management Plan and continuous improvement measures.
The Ontario Land Tribunal approved the settlement, finding that the proposed amendments satisfy the statutory requirements of the Environmental Protection Act and are in the public interest.
Tribunal vacates hearing dates and schedules settlement hearing for environmental compliance approval appeal.
The appellant appealed conditions imposed under an Amended Environmental Compliance Approval regarding its animal by-product processing plant, specifically concerning odour unit limits.
Prior to the scheduled three-week hearing, the parties reached a proposed settlement.
The Tribunal held a Case Management Conference, vacated the previously set hearing dates, and scheduled a settlement hearing to be held by video.
Ministry decision deeming aggregate permit application complete quashed for failing to justify departure from mandatory policies.
The applicant sought judicial review of a decision by the Ministry of Natural Resources and Forestry deeming a competing company's aggregate permit application complete.
The Ministry processes applications on a first-come, first-served basis.
The applicant argued the competing application was incomplete as it failed to meet the requirements of the Provincial Standards and Ministry Policies regarding environmental and cultural heritage reports.
The Divisional Court found the Ministry's decision unreasonable because it failed to provide a reasoned explanation for departing from its own mandatory policies when assessing completeness.
The decision was quashed, but the court declined to issue an order of mandamus, instead remitting the matter back to the Ministry for reconsideration.
Tribunal settles Issues List for environmental compliance appeal and extends odour limit compliance deadline on consent.
The appellant appealed conditions of an amended Environmental Compliance Approval regarding odour limits at its rendering plant.
The parties could not agree on the wording of certain issues for the Issues List.
The Tribunal adopted the Director's proposed wording for three issues and revised a fourth, finding that the issues must focus on the specific facility and approval rather than general scientific declarations.
The Tribunal also granted a consent request to extend the compliance deadline for odour limits to October 1, 2022, given the hearing schedule.
Environmental Review Tribunal approves settlement and dismisses appeal after completion of required remediation work.
The appellant appealed a Director's Order requiring remediation of petroleum hydrocarbons and PCBs discharged from its metals recycling facility onto an adjacent municipal golf course.
Following completion of the required remediation work, the parties reached a settlement agreement wherein the Director withdrew the requirement to provide an alternative irrigation water source and the appellant withdrew its appeal of the waste handling requirements.
The Environmental Review Tribunal approved the settlement as consistent with the Environmental Protection Act and dismissed the proceeding.
Tribunal approves partial settlement amending a Director's Order for remediation of petroleum hydrocarbon and PCB contamination.
The appellant appealed a Director's Order requiring remedial work following a discharge of petroleum hydrocarbons and PCBs from its metals recycling facility into a municipal drain.
The parties entered into Minutes of Partial Settlement and Further Minutes of Partial Settlement to amend certain items in the Director's Order.
The Environmental Review Tribunal reviewed the settlement agreements and found that the proposed amendments were consistent with the purpose and provisions of the Environmental Protection Act and in the public interest.
The Tribunal directed the Director to amend the order accordingly and scheduled a continuation of the hearing to address the remaining outstanding issues.
Appeal of Environmental Compliance Approval conditions dismissed following appellant's withdrawal.
The appellant appealed conditions of an Amended Environmental Compliance Approval requiring source testing for fluorides and particulate matter.
After an interim stay and mediation, the appellant withdrew its appeal.
The Tribunal dismissed the appeal pursuant to Rule 199 of the Rules of Practice.
Costs application against the Director dismissed as conduct was not unreasonable.
The Regional Municipality of Peel applied for costs against the Director of the Ministry of the Environment and Climate Change following Peel's successful motion to revoke a Director's Order requiring the removal of waste ash.
Peel argued the Director engaged in unreasonable conduct by issuing the order and opposing the revocation motion.
The Environmental Review Tribunal dismissed the costs application, finding that the Director's conduct in the course of the appeal was not unreasonable, frivolous, vexatious, or in bad faith as required by the Statutory Powers Procedure Act.
Presenter status granted to orderee in appeal of environmental clean-up costs order.
During an appeal of an order to pay costs related to the clean-up of an environmental spill, an orderee requested presenter status.
The Tribunal granted the request, finding that the orderee's interests may be directly and substantially affected by the hearing, he has a genuine interest in the subject matter, and he is likely to make a relevant contribution to the Tribunal's understanding of the issues.
Tribunal revokes environmental clean-up cost order against four appellants on consent of the municipality.
The Regional Municipality of Niagara issued an order under s. 100.1(1) of the Environmental Protection Act against several persons to recover costs incurred for cleaning up a spill.
Several named persons appealed the order.
The Region subsequently advised the Tribunal that it intended to revoke the order against four of the appellants, as they did not have ownership or control of the pollutants.
The Tribunal found the proposed revocation to be consistent with the purpose of the Act and in the public interest, revoked the order against those four appellants, and dismissed their appeals.
Environmental Review Tribunal revokes Director's Order and dismisses appeals after site remediation completed.
The Director of the Ministry of the Environment and Climate Change issued an order regarding a spill of environmental contaminants at a site in Fort Erie.
Several parties appealed the order.
After the required remediation work was completed by some of the appellants, the Director proposed to revoke the order.
The Environmental Review Tribunal found the proposed revocation to be consistent with the purpose of the Environmental Protection Act and in the public interest.
The Tribunal revoked the order and dismissed the appeals.
Tribunal grants partial stay of Director's Order for waste ash removal pending appeal resolution.
The appellants appealed a Director's Order requiring the removal of waste ash from a property.
At a preliminary hearing, the appellants sought a stay of the order pending the resolution of the appeals.
The Director consented to a stay of most items in the order, as there was no evidence of potential harm to human health or the environment.
The Tribunal granted the stay in part and also granted participant status to the City of Toronto and the Ontario Waste Management Association for the purpose of a forthcoming motion to revoke the order against the Regional Municipality of Peel.
Costs application dismissed as the Director's conduct in delaying the issuance of a new order was not unreasonable.
The Regional Municipality of Peel applied for costs against the Director of the Ministry of the Environment and Climate Change following the revocation of a 2013 Director's Order and the dismissal of the related appeal proceeding.
Peel argued the Director's conduct was unreasonable due to delays in issuing a new 2015 Director's Order.
The Environmental Review Tribunal applied the Baker standard and found that the Director's conduct did not interfere with the Tribunal's ability to secure a just, expeditious, and cost-effective determination of the proceeding.
The costs application was dismissed.
Town of Fort Erie granted party status in appeal of environmental clean-up cost recovery order.
The Regional Municipality of Niagara issued an order under s. 100.1 of the Environmental Protection Act to recover clean-up costs related to a spill.
Several named persons appealed the order and filed a Notice of Allegation against other parties, including the Town of Fort Erie.
The Town of Fort Erie requested party status in the proceeding.
The Tribunal granted the Town party status, finding its interests may be directly and substantially affected by the outcome of the appeal.
The Tribunal also set a schedule for motions and the main hearing.
Tribunal grants participant status and orders motion to revoke be heard prior to main appeals.
The Regional Municipality of Peel brought a motion to revoke a Director's Order regarding the removal of waste ash from a site, requesting the motion be heard prior to the main appeals.
The City of Toronto and the Ontario Waste Management Association sought participant status.
The Environmental Review Tribunal granted participant status to both entities and ordered that Peel's motion to revoke be heard prior to the hearing of the appeals, subject to a schedule for disclosure.
Party status granted to potential orderees in an appeal of an environmental remediation order.
The Tribunal held a preliminary hearing by telephone conference call regarding appeals of a Director's Order related to a spill of environmental contaminants.
Several entities requested party status.
Finding that the entities were named in a Notice of Allegation and could be directly affected by the outcome of the appeal, the Tribunal granted party status to Amercoat Canada, Rubyco Ltd., and Danroh Inc. The preliminary hearing was adjourned to allow for the completion of work required under interim amendments to the Director's Order.
