Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: November 29, 2017
CASE NO.: 17-002
PROCEEDING COMMENCED UNDER section 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended
Appellant: Fausto Amicone (File No. 17-002)
Appellant: AMCO Farms Inc. (File No. 17-003)
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order to retain a qualified consultant to produce a plan for preventing discharges from the site
Reference No.: 3636-AFJRYL-DO2
Property Address/Description: 523 Wilkinson Drive
Municipality: Municipality of Leamington
Upper Tier: County of Essex
ERT Case No.: 17-002
ERT Case Name: Amicone v. Ontario (Environment and Climate Change)
Heard: November 3, 2017 by telephone conference call and in writing
APPEARANCES:
Parties
Counsel
Fausto Amicone and AMCO Farms Inc.
Myron W. Shulgan
Director, Ministry of the Environment and Climate Change
Nadine Harris
DECISION DELIVERED BY JERRY V. DEMARCO
REASONS
Background
1On February 6, 2017, Mike Moroney, Director, Ministry of the Environment and Climate Change, issued Director’s Order No. 3636-AFJRYL-DO2 (“Director’s Order”) to Fausto Amicone and AMCO Farms Inc. (“Appellants”). The Director’s Order relates to a site located at 523 Wilkinson Drive in Leamington, Ontario.
2The Director’s Order required that the Appellants carry out a number of work items relating to discharges from the Appellants’ greenhouse operation.
3On February 21, 2017, the Appellants filed a notice of appeal of the Director’s Order with the Environmental Review Tribunal (“Tribunal”).
4The pre-hearing conference (“PHC”) commenced on June 26, 2017 and continued by telephone conference call (“TCC”) on various dates up to November 3, 2017. No one requested status in the proceeding.
5During the November 3, 2017 TCC, the parties informed the Tribunal that the appeals may be withdrawn as a result of the Director’s Order being complied with. The Tribunal indicated that, if the Appellants decided to withdraw their appeals, such could be done in writing. On November 15, 2017, counsel for the Appellants, Myron W. Shulgan, wrote to the Tribunal to formally withdraw the Appellants’ appeals. That same day, counsel for the Director, Nadine Harris, confirmed in writing that the Director agrees to the withdrawal of the appeals and that there is no alteration to the Director’s Order.
Issue
6The issue is whether the appeals shall be dismissed.
Relevant Rule
7The relevant provision of the Tribunal’s Rules of Practice (“Rules”) is as follows:
- 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
8Under Rule 199 of the Tribunal’s Rules, the Tribunal shall dismiss an appeal where there has been a proposed withdrawal that has been agreed to by all parties, and the decision under appeal is not altered.
9The Appellants and the Director have confirmed with the Tribunal, in writing, that they consent to the withdrawal of the appeals and that the Director’s Order under appeal is not altered by a settlement agreement. As noted above, there are no added parties, participants or presenters in the proceeding.
10Based on the submissions of the parties, the Tribunal finds that Rule 199 applies and dismisses the appeals.
DECISION
11The appeals of Director’s Order No. 3636-AFJRYL-DO2 are dismissed.
Appeals Withdrawn
Appeals 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