Sarah Gilbert

The applicants sought leave to appeal the Director's decision to issue an amended Environmental Compliance Approval permitting a cement manufacturing facility to increase its use of alternative low-carbon fuels from 96 to 400 tonnes per day.

The applicants argued the decision was unreasonable because it failed to impose stringent emissions standards, lacked comprehensive ambient air monitoring, and failed to properly consider the Ministry's Statement of Environmental Values, including the precautionary principle and cumulative effects.

The Tribunal dismissed the applications, finding the applicants failed to establish a prima facie case that the Director's decision was unreasonable.

The evidence demonstrated the Director relied on comprehensive scientific studies showing the expanded use of alternative fuels would not result in significant cumulative air quality impacts and would comply with applicable provincial air standards.

The applicant sought leave to appeal an Amended Environmental Compliance Approval (ECA) issued for a sewage treatment plant discharging into the Winnipeg River.

The applicant argued that updated water quality baseline studies and tertiary treatment were required.

The Environmental Review Tribunal found that while the applicant had the right to seek leave to appeal under s. 38 of the Environmental Bill of Rights, he failed to meet the test for leave under s. 41.

The Tribunal accepted expert evidence that the effluent limits were protective of the river and concluded the applicant did not demonstrate that no reasonable person could have issued the ECA.

The application for leave to appeal was dismissed.

The appellants requested a continuation of a stay of portions of a Director's Order issued under the Environmental Protection Act regarding the presence and migration of contaminants on three properties in Hamilton.

The parties had been working on a conceptual site model and requested more time to finalize it.

The Director consented to the request.

The Environmental Review Tribunal found it was not precluded from granting the stay and ordered the continuation of the stay until December 28, 2017.

The appellants appealed a Director's Order relating to the presence and migration of contaminants on three properties in Hamilton.

The parties jointly requested a stay of certain portions of the order to allow time for expert meetings and potential resolution.

The Tribunal found no statutory bar to the stay and granted it on consent until December 31, 2016.

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.