23 total
The Court of Appeal dismissed an interlocutory appeal regarding delay and rejected fresh evidence.
The appellants were charged with unlawfully damaging and/or destroying protected rattlesnake habitat contrary to the Endangered Species Act, 2007.
They brought a s. 11(b) Charter application for a stay of proceedings based on unreasonable delay, which was dismissed by the trial judge.
The appellants then sought certiorari and s. 24(1) Charter relief in Superior Court, arguing the trial judge failed to characterize certain disclosure as "obviously relevant" and failed to attribute all delay to the Crown.
The Superior Court dismissed both applications.
The Court of Appeal upheld the dismissal, finding no jurisdictional error and rejecting the argument that the degree of relevance of outstanding disclosure alleviates the defence's obligation to act diligently.
The appeal was dismissed.
The Superior Court dismissed an application for extraordinary relief and Charter remedies against a lower court's interlocutory rulings on delay and disclosure.
The applicants sought judicial review, including mandamus, prohibition, certiorari, and s. 24(1) Charter relief, of a Justice of the Peace's decision.
The Justice of the Peace had dismissed their s. 11(b) Charter application for unreasonable delay and deferred an abuse of process application in a provincial offences proceeding concerning alleged damage to Massasauga snake habitat.
The Superior Court dismissed the applicants' request for extraordinary relief, finding that the Justice of the Peace did not exceed or decline jurisdiction.
The court held that the issues raised were not appropriate for interlocutory intervention by a superior court, emphasizing that such matters are generally best addressed on appeal after the trial has concluded.
Leave to appeal Environmental Compliance Approval for waste transfer facility dismissed for failing reasonableness test.
The applicant sought leave to appeal the Director's decision to issue an Environmental Compliance Approval for a solid non-hazardous waste transfer facility.
The applicant argued the facility posed risks to local groundwater and the Thames River, and that public consultation was inadequate.
The Tribunal found the applicant had standing but failed the reasonableness test for leave to appeal.
The evidence showed all waste handling would occur indoors on an impermeable floor, posing no risk to water resources, and that the Director had considered all applicable laws, policies, and public comments.
The application for leave to appeal was dismissed.
The court dismissed the defendants' application for first-party disclosure of unrelated project files, ruling them third-party records.
The defendants brought an application for disclosure of information related to four other land development projects, arguing it was relevant for full answer and defence, due diligence, and to demonstrate inconsistent application of environmental legislation by the Ministry.
The court determined that the materials sought were not first-party disclosure in the possession or control of the prosecution but rather third-party records held by the Ministry of Natural Resources and Forestry.
The court outlined the proper two-step process for a third-party production application, emphasizing the need to notify the record holder and any parties with privacy interests, and provided guidance on the Crown's duty to inquire.
The application for disclosure was not granted as first-party, but the court provided a procedural path for the defendants to pursue it as third-party production.
Minister's decision to exempt ECA application from public posting was reasonable given prior OMB hearing.
The applicant sought judicial review of the Minister's decision not to post an Environmental Compliance Approval (ECA) application for a proposed trailer park's sewage works on the Environmental Registry for public comment.
The Minister relied on s. 32(1)(a) of the Environmental Bill of Rights, which exempts proposals from posting if they are a step towards implementing a project approved by a tribunal after affording an opportunity for public participation.
The Divisional Court applied the reasonableness standard of review and found that the Minister's decision was reasonable, as the prior Ontario Municipal Board hearing regarding the trailer park development provided a sufficient opportunity for public participation concerning the sewage works.
The application for judicial review was dismissed.
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 set document exchange dates for an appeal of a municipal order to pay spill cleanup costs.
The appellants appealed an order issued by the Town of Niagara-on-the-Lake under s. 100.1 of the Environmental Protection Act requiring them to pay $207,477.88 for remedial work related to a spill.
The Tribunal held a pre-hearing conference by telephone.
The Tribunal ordered the parties to exchange relevant documents by specified dates and directed them to advise if they wish to pursue Tribunal-assisted mediation.
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.
Property assessment reduced to zero where remediation costs for former dump site exceeded clean value.
The appellant appealed the property assessment of her residential property, which was built on a former municipal waste disposal site.
The parties agreed that the 'clean' value of the property was $402,000, but the estimated cost to remediate the contamination exceeded $1.7 million.
The Assessment Review Board found that the remediation costs far exceeded the clean value and that there would be no willing buyer for the property.
The Board determined the current value of the property to be zero for the 2017 and 2018 taxation years.
Appeal dismissed and Director's Order revoked following full compliance with environmental work requirements.
The Receiver for Northwood Recycling & Energy Inc. appealed a Director's Order requiring work at a waste disposal site.
Following an inspection confirming full compliance with the work items, the parties reached a settlement.
The Tribunal found the proposed settlement, which revoked the Director's Order and dismissed the proceeding, to be consistent with the purpose of the Environmental Protection Act and in the public interest.
Participant status granted and pre-hearing conference adjourned to allow for settlement discussions.
The appellant appealed a Director's Order regarding a waste disposal site.
At a pre-hearing conference, the City of Oshawa and the Ummah Foundation sought and were granted participant status without objection.
The parties jointly requested and were granted an adjournment of the pre-hearing conference to allow for ongoing settlement discussions and to address a related jurisdictional motion filed in court.
Motion for a stay of a Director's Order granted on consent pending appeal disposition.
The appellants appealed a Director's Order requiring them to submit an application for an environmental compliance approval for air discharges at an agricultural material processing site.
The appellants brought a motion seeking a stay of Item 3 of the order pending the disposition of their appeals.
The Director consented to the stay without condition.
The Environmental Review Tribunal found no statutory bar to granting the stay and granted the motion on consent.
Tribunal dismissed appeals and revoked a cleanup cost recovery order against an unfunded estate.
The Regional Municipality of Niagara issued an order under s. 100.1 of the Environmental Protection Act to recover over $3.6 million in cleanup costs related to a spill.
Several named parties appealed the order to the Environmental Review Tribunal.
Prior to the hearing, the Region proposed revoking the order against one appellant whose estate lacked funds, and two other appellants sought to withdraw their appeals.
The Tribunal found the revocation consistent with the Act's purpose and the public interest, and accepted the withdrawal of the remaining appeals, dismissing the proceedings.
Tribunal conditionally accepts settlement agreement for the removal and securing of PCB waste.
The appellants appealed two Director's Orders requiring them to remove and dispose of PCB waste at a property in Thorold, Ontario.
The parties reached a tentative settlement where the appellants would submit a plan to remove above-ground waste and secure below-ground waste, in exchange for the revocation of the orders against them.
The Tribunal conditionally accepted the settlement, finding it consistent with the purpose of the Environmental Protection Act and in the public interest, as it provided a protective resolution for the environment given the appellants' limited financial means.
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.
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 issues procedural order setting schedule for environmental appeal hearing and motions to strike.
The appellants appealed two orders issued by the Director of the Ministry of the Environment and Climate Change requiring them to secure, remove, and destroy PCB waste stored at their property, and to provide financial assurance.
Following unsuccessful mediation, the parties agreed to a revised timetable for the appeal process and for proposed motions to strike a notice of allegation.
The Environmental Review Tribunal issued a procedural order confirming the schedule for document exchange, motion materials, and the main hearing dates.
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.
