Scott Robertson

The appellant appealed a Director's Order, an Amended Environmental Compliance Approval (ECA), and a Notice of Suspension of the Amended ECA regarding its facility in Sarnia.

At a Case Management Conference, the appellant indicated its intention to withdraw all appeals except for one item in the Amended ECA relating to the cessation of accepting and storing benzene.

The Tribunal ordered the proceedings closed and discontinued for the withdrawn appeals and scheduled a further Case Management Conference for the remaining issue.

At a Case Management Conference regarding appeals of an environmental compliance order concerning benzene emissions, three community members sought party status.

The Tribunal granted them party status under s. 145(1) of the Environmental Protection Act, finding their individual perspectives on health impacts would assist the adjudication.

The Tribunal also granted the appellant leave to amend its grounds for appeal in light of a new federal Interim Order and provincial regulation.

The Ontario Land Tribunal held a case management conference regarding appeals by INEOS Styrolution Canada Ltd. against a Director's Order and the suspension of its Environmental Compliance Approval related to benzene emissions.

The Aamjiwnaang First Nation requested and was granted party status without objection, given its direct interest and the health impacts experienced by its members.

The Tribunal also set dates for the first Case Management Conference and a two-day stay motion, and established a schedule for the exchange of motion materials.

During a Case Management Conference for an appeal of Environmental Penalty Orders regarding sulphur dioxide emissions from a refinery, Aamjiwnaang First Nation, Vanessa Gray, and Arnold Norman Yellowman requested Party status.

The Tribunal granted their requests, finding that their interests may be directly and substantially affected by the hearing, they have a genuine interest in the subject matter, and their presence is necessary to enable the Tribunal to adjudicate effectively and completely.

The Tribunal also approved the Issues List and Procedural Order.

The Anishinaabe beneficiaries of the Robinson Huron and Robinson Superior Treaties of 1850 brought actions seeking declarations regarding the interpretation of the annuity augmentation clause in the Treaties.

The Treaties provided for a perpetual annuity that the Crown promised to increase if the ceded territory produced an amount enabling the Crown to do so without incurring loss, provided the amount paid to each individual did not exceed £1 ($4) per year, or such further sum as Her Majesty may be graciously pleased to order.

The Court held that the Crown has a mandatory obligation to increase the collective annuities when economic circumstances warrant, and that the $4 cap applies only to individual distributions, not the collective entitlement.

The Court also found that the Crown owes an ad hoc fiduciary duty to the beneficiaries to engage in the process of determining whether the economic circumstances warrant an increase.

This appeal considered whether the Crown’s duty to consult Indigenous peoples can be fulfilled through the National Energy Board process for a pipeline modification.

The Court held that the Board’s approval decision was Crown conduct that engaged the duty to consult, and that the Crown may rely on a regulatory process where statutory powers and process are sufficient.

On the facts, the Court found meaningful participation, assessment of potential impacts, and accommodation conditions imposed on the proponent.

The consultation obligation was met and the appeal was dismissed.