Michael Krygier-Baum

The Environmental Review Tribunal issued a procedural order limiting the scope of the proceeding to matters set out in s. 100.1(15) of the Environmental Protection Act.

The Tribunal struck portions of the appellants' notices of appeal, witness statements, and document briefs that did not relate to this section.

The Tribunal also accepted the withdrawal of certain notices of allegation and witness statements, and deferred costs applications to a later date.

The Environmental Review Tribunal granted party status on consent to the Technical Standards and Safety Authority, Doug C. Thompson Fuels Ltd., and Les Reservoirs D'Acier de Granby Inc. The status was granted for the limited purpose of responding to a motion brought by the City of Kawartha Lakes regarding the permissible scope of the Gendrons' appeals and Notices of Allegation.

The appellants, Wayne and Liana Gendron, brought a motion to adjourn a scheduled Environmental Review Tribunal hearing regarding an order to pay clean-up costs for a furnace oil spill.

The appellants argued that the hearing should be adjourned until after the conclusion of a parallel civil action brought by the respondent municipality.

The Tribunal dismissed the motion, finding that the municipality had undertaken not to pursue its civil action if the Tribunal hearing proceeded, thereby eliminating the risk of duplicative proceedings and double recovery.

The appellants brought a motion to adjourn the hearing of their appeals regarding an order to pay for the clean-up of a spill.

The Environmental Review Tribunal dismissed the motion to adjourn, with reasons to follow, and directed that a status telephone conference call be held to address procedural issues.

At a preliminary hearing regarding an appeal of a Director's Order related to an environmental spill, several individuals and entities sought party and participant status.

The Tribunal granted party status to several potential orderees and individuals named in the order, finding their interests could be directly and substantially affected.

The Regional Municipality of Niagara was granted participant status due to its genuine interest as an adjacent property owner.

The preliminary hearing was adjourned to allow ongoing remediation work to proceed.

The applicants appealed a decision by Tarion Warranty Corporation denying warranty coverage for 18 items related to the construction of their new home.

The items included foundation parging, drywall defects, and issues with the ensuite bathroom.

The Licence Appeal Tribunal found that the claims were submitted after the expiration of the one-year warranty period prescribed by the Ontario New Home Warranties Plan Act.

Furthermore, the Tribunal determined that none of the defects fell within the scope of the two-year extended warranty under Regulation 892.

The Tribunal concluded it had no discretion to extend the statutory one-year claim period and dismissed the appeal.