Matt Benson

At a pre-hearing conference regarding an appeal of a Notice of Suspension of conditions for a waste disposal site, the Tribunal addressed requests for status and scheduled a preliminary motion.

The Tribunal granted party status to Citizens Against the ED19 Dump for the entire proceeding, including the preliminary motion, finding that the narrow costs rules under the Environmental Protection Act addressed the appellant's concerns about potential costs awards.

Several other individuals and organizations were granted participant or presenter status on consent.

The appellants appealed a Master's order declaring their construction lien expired for being registered more than 45 days after the last date of work.

The appellants argued that section 11 of the Limitations Act, 2002 extended the time limit for registration due to ongoing mediation efforts.

The Divisional Court dismissed the appeal, holding that a construction lien is not a 'claim pursued in court proceedings' under the Limitations Act, and applying section 11 would conflict with the complete code and policy objectives of the Construction Lien Act.