Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE:
October 6, 2016
CASE NO.:
16-076
PROCEEDING COMMENCED UNDER section 142.1(2) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant:
Kevin Jakubec
Approval Holder:
North Kent Wind 1 GP Inc., as the general partner of North Kent Wind 1 LP
Respondent:
Director, Ministry of the Environment and Climate Change
Subject of appeal:
Renewable Energy Approval for North Kent Wind 1 Project
Reference No.:
5272-A9FHRL
Property Address/Description:
Various locations
Municipality:
Municipality of Chatham-Kent
ERT Case No.:
16-076
ERT Case Name:
Jakubec v. Ontario (Environment and Climate Change)
Heard:
In writing
APPEARANCES:
Parties
Counsel
Kevin Jakubec
John Goudy
North Kent Wind 1 GP Inc., as the general partner of North Kent Wind 1 LP
Alexandria Pike, Sarah Powell and Andrea Burke
Director, Ministry of the Environment and Climate Change
Sarah Kromkamp and Rebecca Crangle
Municipality of Chatham-Kent
David Taylor and John Norton
DECISION DELIVERED BY JERRY V. DEMARCO
REASONS
Background
1On June 29, 2016, Mohsen Keyvani, Director, Ministry of the Environment and Climate Change issued Renewable Energy Approval No. 5272-A9FHRL (“REA”) to North Kent Wind 1 GP Inc., as the general partner of North Kent Wind 1 LP, granting approval for the construction, installation, operation, use and retiring of a Class 4 wind facility with 36 wind turbines and a total name plate capacity of up to 100 megawatts (“Project”) in the Municipality of Chatham-Kent, Ontario.
2On July 13, 2016, Kevin Jakubec (“Appellant”) appealed the REA to the Environmental Review Tribunal (“Tribunal”) under s. 142.1(2) of the Environmental Protection Act on the grounds that the Project will cause serious harm to human health and serious and irreversible harm to the natural environment.
3The preliminary hearing in this matter began on August 23, 2016, in Chatham and continued on August 29, 2016, by telephone conference call (“TCC”). During the preliminary hearing, the parties indicated an interest in mediation. As such, mediation took place on September 30, 2016.
4On October 5, 2016, counsel for the Appellant wrote to the Tribunal to withdraw the appeal and requested, on behalf of all parties, that the Tribunal dismiss the proceeding without costs.
Issue
5The only issue is whether the proceeding should be dismissed.
Relevant Rule
6The following provision of the Tribunal’s Rules of Practice ("Rules") is relevant here:
Termination of Proceedings
- Where there has been a proposed withdrawal of an appeal agreed to by all Parties and the decision under appeal is not altered by a settlement agreement, a proposed withdrawal of an application, or a proposed revocation of an order made under section 74 of the Ontario Water Resources Act, the Tribunal shall issue a decision dismissing the proceeding.
Discussion, Analysis and Findings
7By operation of Rule 199, the Tribunal shall dismiss a proceeding where there has been a proposed withdrawal that has been agreed to by all parties, and the decision under appeal is not altered.
8Writing on behalf of all parties in this proceeding, counsel for the Appellant indicated to the Tribunal that the settlement agreement entered into by the parties does not alter the REA. He also indicated that the Appellant is withdrawing his appeal and that the parties all agree to a dismissal of the proceeding on a without costs basis.
9As the decision under appeal is not altered by the settlement agreement, Rule 199 directs that the Tribunal shall issue a decision dismissing the proceeding.
DECISION
10The Tribunal accepts the withdrawal of the appeal on a without costs basis. Pursuant to Rule 199, the appeal is dismissed.
Appeal Withdrawn
Appeal Dismissed
“Jerry V. DeMarco”
JERRY V. DEMARCO
ASSOCIATE 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