Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: February 12, 2016
CASE NO: 10-055
PROCEEDING COMMENCED UNDER section 100.1(7) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Technical Standards and Safety Authority (ERT Case No. 10-055)
Appellant: Doug C. Thompson Fuels Ltd. (ERT Case No. 10-058)
Appellant: Wayne Gendron (ERT Case No. 10-059)
Appellant: Liana Gendron (ERT Case No. 10-060)
Respondent: Corporation of the City of Kawartha Lakes
Subject of appeal: Order to pay in relation to the clean-up of a spill
Property Address/Description: Municipal property adjacent to 93 and 95 Hazel Street
Municipality: Township of Verulam
Upper Tier: City of Kawartha Lakes
ERT Case No.: 10-055
ERT Case Name: Technical Standards and Safety Authority v. Kawartha Lakes (City)
Heard: In writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Wayne and Liana Gendron | Martin Forget and Fahreen Kurji |
| Corporation of the City of Kawartha Lakes | Christine Carter and Michael Krygier-Baum |
| Technical Standards and Safety Authority | Adam Grant |
| Doug C. Thompson Fuels Ltd. | Albert Wallrap |
| Les Reservoirs D’Acier de Granby Inc. | Brian G. Sunohara |
ORDER DELIVERED BY JERRY V. DEMARCO AND HUGH S. WILKINS
1On consent of the main parties, City of Kawartha Lakes, Wayne Gendron and Liana Gendron, the Tribunal grants party status to the Technical Standards and Safety Authority, Doug C. Thompson Fuels Ltd., and Les Reservoirs D’Acier de Granby Inc. for the purposes of responding to the motion by the City, filed on February 12, 2016, regarding the permissible scope of the Gendrons' appeals insofar as the issues in the City's motion also pertain to the Notices of Allegation served by the Gendrons on the Technical Standards and Safety Authority, Doug C. Thompson Fuels Ltd., and Les Reservoirs D’Acier de Granby Inc.
2Subject to further direction from the Tribunal, the above grant of party status is limited to a written submission from each added party, which shall be served and filed by noon on February 17, 2016, which is also the deadline for the Gendrons' responding motion materials including written submissions. The written submissions of all parties shall address the permissible scope of the Gendrons' appeals in the context of the original Notice of Appeal of the Gendrons and the Notices of Allegation. There is no need for additional motions by the added parties seeking to strike the Notices of Allegation as the City confirmed in correspondence dated February 12, 2016 that it is seeking that additional relief as part of its main motion.
Requests for Party Status Granted with Conditions Procedural Directions Ordered
“Jerry V. DeMarco”
JERRY V. DEMARCO
ASSOCIATE CHAIR
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
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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