Environmental Review Tribunal

Tribunal de l’environnement

ISSUE DATE: March 27, 2015

CASE NO.: 14-045

PROCEEDING COMMENCED UNDER section 41 of the Environmental Bill of Rights, 1993, S.O. 1993, c. 28, as amended

Appellant: Claudia Unterstab

Instrument Holder: atPlay Adventures Inc.

Respondent: Director, Ministry of the Environment and Climate Change

Subject of appeal: Terms and conditions imposed under section 20.3 of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, for an Environmental Compliance Approval to establish sewage works servicing Long Point Beach Motel

Reference No.: 0790-9FKRSW

Property Address/Description: 12 Erie Boulevard

Municipality: Port Rowan

Upper Tier: County of Norfolk

ERT Case No.: 14-045

ERT Case Name: Unterstab v. Ontario (Environment and Climate Change)

Heard: In writing and on March 6, 2015, in Toronto, Ontario

APPEARANCES:

Parties Counsel

Claudia Unterstab Brian Duxbury and T. David Marshall

atPlay Adventures Inc. John Georgakopoulos and Joanna Vince

ORDER DELIVERED BY JUSTIN DUNCAN AND HUGH S. WILKINS

REASONS

Background

1The hearing of the evidence in this appeal took place on February 19, 20, 23, 24, and 25 and March 5 and 6, 2015.

2Following the hearing of the evidence on March 6, 2015, the Environmental Review Tribunal (“Tribunal”) ordered that written closing submissions be delivered by April 9, 2015. Additionally, it was ordered that a site visit at 12 Erie Boulevard, Port Rowan, Ontario (the “Site”) will take place on April 16, 2015, followed by oral closing submissions by the parties that same day.

3The following procedural order confirms the Tribunal’s order in relation to the timing of the site visit and written and oral closing submissions.

4In relation to the conduct of the site visit, the Appellant had requested an on-site visit, while the Director and Approval Holder had taken the position throughout the hearing that a site visit was unnecessary. Further, the Approval Holder had requested that all attendees sign a waiver of liability and non-disclosure agreement.

5The Tribunal has decided that it will be sufficient to view the Site by way of a perimeter walk rather than entering the active construction areas of the Site. As a result, no attendees will be required to sign a waiver of liability or the non-disclosure agreement in order to attend the site visit.

6Additional directions relating to the site visit are set out below in this procedural order.

ORDER

7The Tribunal orders that:

a. Written closing submissions are to be served and filed by the parties by April 9, 2015;

b. The site visit will take place on April 16, 2015 the Site, in accordance with the Tribunal’s Practice Direction for Site Visits and on the following terms:

i. The site visit will commence at 10 a.m. and will continue for a period of approximately 45 minutes;

ii. The site visit will take place by way of a walk outside the perimeter of the Site;

iii. The site visit is for the purpose of clarifying for the Tribunal where project components will be located and their proximity to adjacent properties and features and not for the purpose of evidence gathering;

iv. Tribunal members and attendees of the site visit will not be required to sign a waiver of liability or non-disclosure agreement; and

v. Each Party and its counsel may attend the site visit. If a person does not attend, the site visit may proceed in his or her absence;

c. Oral closing submissions will commence at 12 p.m. on April 16, 2015, at the Council Chambers, Norfolk County Administration Building, 50 Colborne Street South, Simcoe, Ontario; and

d. The Parties will have up to 45 minutes each for closing submissions, with the Appellant having an additional 15 minutes for any reply.

Procedural Directions Ordered

“Justin Duncan”

JUSTIN DUNCAN

MEMBER

“Hugh S. Wilkins”

HUGH S. WILKINS

MEMBER

If there is an attachment referred to in this document,

please visit www.elto.gov.on.ca to view the attachment in PDF format.

Environmental Review Tribunal

A constituent tribunal of Environment and Land Tribunals Ontario

Website: www.elto.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248