Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
February 19, 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:
February 10, 2016 by telephone conference call and February 18, 2016, in Toronto, Ontario and by telephone conference call
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
1For reasons to follow, the Environmental Review Tribunal (the “Tribunal”) orders that:
(a) the scope of this proceeding is limited solely to the matters set out s. 100.1(15) of the Environmental Protection Act (the “EPA”);
(b) those portions of the Gendrons’ Notice of Appeal dated July 27, 2010 that do not relate to s. 100.1(15) of the EPA, specifically paragraphs (d), (g), and (h), are struck and the Gendrons are prohibited from relying on any grounds that do not relate to s. 100.1(15) at the hearing;
(c) the Gendrons’ statement that they are not seeking leave to rely on their Amended Notice of Appeal dated December 21, 2015 is confirmed and the Notice of Appeal dated July 27, 2010, as modified by this Order, will be the Notice of Appeal that applies at the hearing;
(d) those portions of the witness statements and document briefs filed by all parties that do not relate to s. 100.1(15) of the EPA are struck and the Tribunal will not hear submissions or evidence that do not relate to s. 100.1(15);
(e) the parties are directed to serve one copy and file with the Tribunal three copies of revised witness statements and document briefs that exclude all evidence that does not relate to s. 100.1(15) of the EPA at the commencement of the main hearing on February 22, 2016;
(f) the withdrawal on February 17, 2016 of the Notices of Allegation issued by the Gendrons to Technical Standards and Safety Authority (“TSSA”), Doug C. Thompson Fuels Ltd. (“Thompson Fuels”) and Les Reservoirs D’Acier de Granby Inc. (“Granby”) is accepted and the Gendrons are prohibited from pursuing the allegations set out in those Notices in this proceeding;
(g) the Gendrons’ requests for summons to Cathy Curlew and Kevin McClintock are granted, subject to their evidence being confined to the matters set out in s. 100.1(15) of the EPA;
(h) the Gendrons’ withdrawal of the witness statements of Robert Smith, Michael Flynn, Robyn Carlson, Fahreen Kurji, Andy Lethan and Ric McGee is accepted and those witnesses will not provide evidence in this proceeding;
(i) the requests for costs by TSSA, Thompson Fuels and Granby will be considered in a written hearing pursuant to the Tribunal Rules 216-220 and 225-231. The deadline for the costs applications by TSSA, Thompson Fuels and Granby is 30 days from the date of the reasons for this Order, which are to follow at a later date;
(j) any requests for costs by the main parties will be dealt with after the conclusion of the main hearing; and
(k) the Gendrons’ requests for relief set out in paragraphs 182(a) and (b) of their Responding Submissions dated February 17, 2016 are denied.
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