Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: November 24, 2015
CASE NO.: 14-016
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended
Appellant: Alberto Rocha
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order issued under section 157.3(5) of the Environmental Protection Act to prevent or reduce risk of a discharge of a contaminant or to prevent, decrease or eliminate an adverse effect.
Reference No.: 5565-9G7M7D-1
Property Address/Description: 520 Speers Road
Municipality: Town of Oakville
Upper Tier: Regional Municipality of Halton
ERT Case No.: 14-016
ERT Case Name: Rocha v. Ontario (Environment and Climate Change)
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended
Appellant: Alberto Rocha
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order issued under sections 157.3(5), 157.3(6), and 197(1) of the Environmental Protection Act regarding containment and monitoring of groundwater contamination.
Reference No.: 4066-9K2LD6-1
Property Address/Description: 520 Speers Road
Municipality: Town of Oakville
Upper Tier: Regional Municipality of Halton
ERT Case No.: 14-043
ERT Case Name: Rocha v. Ontario (Environment and Climate Change)
Heard: August 20, September 11, and October 26, 2015 by telephone conference call, and in writing on November 5, 2015
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| Alberto Rocha | Rosalind Cooper |
| Director, Ministry of the Environment and Climate Change | Justin Jacob and Kevin Hille |
Participants | --- | --- Mitchell Fasken, Ross McGovern and 1251239 Ontario Ltd. | Mitchell Fasken
DECISION DELIVERED BY HUGH S. WILKINS AND ROBERT V. WRIGHT
REASONS
Background
1On July 17, 2015, after a hearing, the Environmental Review Tribunal (the “Tribunal”) issued a written order with reasons (the “Tribunal’s Order”) upholding Director’s Order No. 5565-9G7M7D-1 issued to Alberto Rocha (the “Appellant”) and Director’s Order No. 4066-9K2LD6-1 issued to the Appellant and others. The orders of the Director will be referred to collectively as the “Director’s Orders”.
2The Appellant had delivered Notices of Allegation to 1251239 Ontario Inc., Mitchell Fasken and Ross McGovern as persons who the Appellant alleged ought to have been named in the Director’s Orders. 1251239 Ontario Inc. owns a property adjacent to the property subject to the Director’s Orders, and Mr. Fasken and Mr. McGovern are directors of that company. At the preliminary hearings for the appeals, the Tribunal granted participant status to the persons named in the Notices of Allegation. Prior to the hearing, the parties and the participants agreed that the matter of the Appellant’s Notices of Allegation in the appeals would be deferred until the Tribunal’s ruling on whether the Director’s Orders should be upheld against the Appellant.
3As the Tribunal’s Order upheld the Director’s Orders against the Appellant, it became necessary to deal with the Notices of Allegation. Therefore, the Tribunal discussed with the parties and Mr. Fasken (as the representative for the participants) a process for addressing the Notices of Allegation in a series of telephone conference calls on August 20, September 11, and October 26, 2015.
4By letter dated November 5, 2015, counsel for the Appellant confirmed that the Appellant was withdrawing the Notices of Allegation. Withdrawal of the Notices of Allegation is not opposed by counsel for the parties and the representative for the participants.
5As the Notices of Allegation were the only matters remaining to be dealt with in this proceeding following the Tribunal’s Order dated July 17, 2015, and, as they have now been withdrawn, there are no further matters for the Tribunal to adjudicate.
DECISION
6The Notices of Allegation are withdrawn and the appeals are dismissed.
Notices of Allegation Withdrawn
Appeals Dismissed
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
“Robert V. Wright”
ROBERT V. WRIGHT
VICE-CHAIR
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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