Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: December 20, 2016
CASE NO.: 15-169
(revisions of December 30, 2016 have been incorporated herein)
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: See Appendix 1 - Appellant List
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order for removal of waste ash from site
Reference No.: 6411-9M2G78
Property Address/Description: 23449 Woodbine Avenue
Municipality: Town of Georgina
Upper Tier: Regional Municipality of York
ERT Case No.: 15-169
ERT Case Name: Keswick Presbyterian Church v. Ontario (Environment and Climate Change)
Heard: December 8, 2016 via telephone conference call
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Donald Constable and Mark Lawrence | Jurgen Hebel |
| Director, Ministry of the Environment and Climate Change | Danielle Meuleman |
| Keswick Presbyterian Church | Patrick Welsh |
| Greenpath Inc. and Greenpath Eco Group Inc. | Donald Constable* |
ORDER DELIVERED BY HEATHER I. GIBBS
Background
1The full background to this appeal was described in a previous order by the Environmental Review Tribunal (“Tribunal”) dated September 13, 2016. The parties are the Director, Ministry of the Environment and Climate Change (“MOECC”), the appellants Donald Constable, Greenpath Eco Group Inc., Greenpath Inc. and Mark Lawrence (together, “Greenpath Parties”), and the appellant Keswick Presbyterian Church (“Church”). An appeal by the Regional Municipality of Peel (Tribunal File No. 15-174) was disposed of in the September 13, 2016 Tribunal order.
2The instrument under appeal by the Church and the Greenpath Parties is Director’s Order No. 6411-9M2G78 relating to the alleged deposit in 2009 of unprocessed waste ash at the Church’s property located at 23449 Woodbine Avenue, Georgina, Regional Municipality of York.
3Due to a number of preliminary matters and motions in this appeal, hearing dates were not yet finalized. A telephone conference call (“TCC”) took place on December 8, 2016 to address a request by the Greenpath Parties to schedule a motion. During the TCC, dates were set on consent of the parties for the hearing and steps leading up to the hearing, and procedural directions were given, as detailed below. The statutory holidays of April 14 and 17, 2017 have been excluded from the consent hearing dates.
ORDER
4The Tribunal orders that:
The Greenpath Parties are to file Notices of Motion for any motions they request be heard prior to the hearing in this appeal, by December 20, 2016.
A further TCC is set for December 21, 2016 at 12:00 pm to discuss the most efficient manner of determining the issues raised in the Greenpath Parties’ motions.
The hearing is scheduled for April 10 to 13, 2017 and April 18 to 21, 2017. As outlined in the Tribunal’s order of October 5, 2016, the hearing dates are peremptory.
The appellants will file all witness statements and documents upon which the witnesses intend to rely by February 24, 2017. As outlined in the Tribunal’s order of October 5, 2016, and for reasons explained in that order, the Greenpath Parties may only rely on documents that were disclosed prior to October 21, 2016.
The Director will file with the Tribunal, and copy to all parties, all witness statements and documents upon which the witnesses intend to rely by March 10, 2017.
Any reply evidence by the appellants will be filed by March 24, 2017.
Procedural Directions Ordered
Hearing Scheduled
“Heather I. Gibbs”
HEATHER I. GIBBS
VICE-CHAIR
Appendix 1 – Appellant List
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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
Appendix 1
Appellant List
| Appellant Name | File No. |
|---|---|
| Keswick Presbyterian Church | 15-169 |
| Donald Constable | 15-170 |
| Mark Lawrence | 15-171 |
| Greenpath Inc. | 15-172 |
| Greenpath Eco Group Inc. | 15-173 |
| The Regional Municipality of Peel | 15-174 (Appeal allowed) |