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Tribunal finalized procedural order and scheduled motion and merit hearings for excess soil appeal.
The Ontario Land Tribunal held a Case Management Conference regarding an appeal of a Director's Order concerning the management and transport of excess soils.
The parties submitted a finalized Procedural Order.
The Tribunal accepted the Procedural Order and scheduled a one-day motion hearing and a 10-day merit hearing to resolve the appeal.
Motions to stay Director's Order regarding excess soil characterization denied; compliance deadlines extended.
The appellants sought a stay of a Director's Order requiring them to retain a qualified person to prepare a work plan to characterize liquid excess soil deposited on the subject property.
Applying the RJR-MacDonald test, the Tribunal found that while there was a serious issue to be tried and compliance prior to a hearing constituted irreparable harm due to mootness, the balance of convenience favoured the Director and the public interest in protecting drinking water sources.
The motions for a stay were denied, but the Tribunal granted alternative relief by extending the compliance deadlines by nine weeks.
Tribunal schedules stay motion hearing regarding Director's Order for excess soil management.
The appellants appealed a Director's Order requiring them to retain a qualified person to prepare a work plan to characterize liquid excess soil at the subject property.
During a status update call, the appellants confirmed partial compliance with the Order and sought to stay the remaining items.
The Tribunal scheduled a stay motion hearing and set filing dates, noting that an interim stay order was unnecessary as the motion would be heard before the compliance dates for the remaining items.
