Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: December 7, 2017
CASE NO.: 16-058
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Union Gas Limited (File No. 16-058)
Appellant: Coca-Cola Refreshments Canada Company (File No. 16-059)
Appellant: Rosart Properties Inc. (File No. 16-060)
Respondent: Director, Ministry of the Environment and Climate Change
Subject of appeal: Order to undertake work with respect to contaminants
Reference No.: 4280-A8JQEX
Property Address/Description: Site 1) 1565 Barton Street East Site 2) 1575 Barton Street East Site 3) 360 Strathearne Avenue North
Municipality: City of Hamilton
ERT Case No.: 16-058
ERT Case Name: Union Gas Limited v. Ontario (Environment and Climate Change)
Heard: November 30, 2017 by telephone conference call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Union Gas Limited | Leonard Griffiths |
| Coca-Cola Refreshments Canada Company | Patrick G. Duffy |
| Rosart Properties Inc. | Peter Pickfield |
| Director, Ministry of the Environment and Climate Change | Justin Jacob |
ORDER DELIVERED BY JERRY V. DEMARCO AND MARCIA VALIANTE
REASONS
Background
1This Order relates to a request for the continuation of a stay.
2On April 19, 2016, the Director, Ministry of the Environment and Climate Change, issued Order No. 4280-A8JQEX (“Director’s Order”) against AVX Corporation, Union Gas Limited, Coca-Cola Refreshments Canada Company and Rosart Properties Inc. pursuant to s. 17, 18, and 196 of the Environmental Protection Act (“EPA”). The Director’s Order relates to the presence and migration of contaminants on three properties located in Hamilton, Ontario: (1) 1565 Barton Street East, (2) 1575 Barton Street East, and (3) 360 Strathearne Avenue North.
3Pursuant to s. 140 of the EPA, Union Gas Limited, Coca-Cola Refreshments Canada Company and Rosart Properties Inc. (“Appellants”) filed notices of appeal with the Environmental Review Tribunal (“Tribunal”). AVX Corporation did not appeal the Director’s Order.
4On June 17, 2016, the Tribunal issued an Order staying portions of the Director’s Order, as against the Appellants