Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: August 30, 2017
CASE NO.: 17-038
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, and section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant: William J. Warner (File No. 17-038)
Appellant: William J. Warner Investments Ltd. (File No. 17-039)
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order issued to conduct certain work in relation to solid waste and wash water generated by truck washing
Reference No.: 4275-AKRNGV-DO
Property Address/Description: Site 1 – 8976 Widder Road Site 2 – Lots 21, 22, Concession 2
Municipality: Municipality of Lambton Shores
Upper Tier: County of Lambton
ERT Case No.: 17-038
ERT Case Name: Warner v. Ontario (Environment and Climate Change)
Heard: August 22, 2017 in Forest, Ontario
APPEARANCES:
Parties William J. Warner and William J. Warner Investments Ltd.
Counsel Paula Lombardi
Parties Director, Ministry of the Environment and Climate Change
Counsel Nadine Harris and Mitchel Boughs
ORDER DELIVERED BY MAUREEN CARTER-WHITNEY
REASONS
Background
1On May 8, 2017, Mike Moroney, Director, Ministry of the Environment and Climate Change issued Director’s Order No. 4275-AKRNGV-DO (“Director’s Order”) to William J. Warner and William J. Warner Investments Ltd. (“Appellants”). The Director’s Order applies to two sites, one at 8976 Widder Road and the other at Lots 21 and 22, Concession 2, both in the Municipality of Lambton Shores, County of Lambton.
2The Director’s Order requires that the Appellants carry out a number of work items relating to the wash water and solid wastes generated by the Appellants’ truck washing process. The Appellants operate a truck and livestock trailer washing and disinfecting facility.
3On May 23, 2017, the Appellants filed a notice of appeal of the Director’s Order with the Environmental Review Tribunal (“Tribunal”).
4On August 22, 2017, the Tribunal conducted a Pre-hearing Conference (“PHC”) in this matter. At the PHC, Paula Lombardi appeared as counsel for the Appellants, and Nadine Harris and Mitchel Boughs appeared as co-counsel for the Director. No one appeared to request status in the proceeding.
5During the PHC, both parties requested that the Tribunal schedule the hearing in this matter, as well as the dates for disclosure. They advised the Tribunal of the issues to be addressed at the hearing, and the witnesses likely to be called. Counsel undertook to work together in order to avoid unnecessary duplication of documents and to determine the order of evidence at the hearing.
6The Tribunal determined that it was appropriate to set dates for the hearing and a schedule for disclosure, as set out in the order below.
7Should a settlement agreement be reached prior to the hearing, the parties may contact the Tribunal to arrange for the hearing to be converted to a telephone conference call.
ORDER
8The Tribunal orders that:
The hearing is scheduled for three days from November 29, 2017 to December 1, 2017 at Shores Recreation Centre Municipality of Lambton Shores 7883 Amtelecom Parkway Forest, ON N0N 1J0
By September 29, 2017, the parties will exchange all relevant documents.
By November 3, 2017, the parties will exchange and file with the Tribunal: the names of all witnesses; all witness statements; the curriculum vitae of any witness who is to give opinion evidence, as well as a signed Acknowledgement of Expert’s Duty form, in accordance with Form 5 in Appendix F of the Tribunal’s Rules of Practice; any documents and reports referred to in the witness statements; and any other documents to be relied upon at the hearing.
Any reply evidence will be filed by November 14, 2017.
Hearing Scheduled
Procedural Directions Ordered
“Maureen Carter-Whitney”
MAUREEN CARTER-WHITNEY
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