OERT 2018

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit recognizing the demolition of a barn on an adjacent property.

The appellant argued that additional conditions were required, including an archaeological assessment, a full site plan, and soil testing for contaminants that might affect his organic farm.

The Hearing Officers found that a full site plan and soil testing were unnecessary.

However, given the historical nature of the site and the likelihood of soil disturbance during demolition, the Hearing Officers recommended adding a condition requiring Phase 1 and 2 archaeological assessments.

The Minister subsequently confirmed the NEC's decision to issue the permit subject to the conditions.

Following a hearing regarding a development permit for water-skiing competitions, three parties brought applications for costs.

The applicant company sought costs against the Town of Mono, alleging unreasonable conduct and bad faith.

The Town and a citizens' coalition sought costs against the company, citing a frivolous post-hearing motion and disrespectful conduct.

The Hearing Officers dismissed the company's application, finding the Town's conduct was reasonable and in good faith.

The Hearing Officers granted the Town's and the coalition's applications in part, finding the company's post-hearing motion was unreasonable and frivolous.

The company was ordered to pay $2,000 to the Town and $500 to the coalition.

The applicant requested a review of a Tribunal decision that denied her application for leave to appeal an amended Environmental Compliance Approval issued to an adjacent asphalt plant.

The applicant argued the facility could not comply with section 14 of the Environmental Protection Act and submitted new video evidence of the plant's operations.

The Tribunal found no material error of fact or law in the original leave decision and determined the new videos did not meet the test for admissible new evidence.

The request for review was refused.

The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to sever a new lot containing an existing two-storey single dwelling and retain the remnant parcel as an Agricultural Purposes Only lot.

The appellant argued that the dwelling was a residence surplus to a farming operation resulting from a farm consolidation and that the timing requirements for severance should be applied flexibly.

The Hearing Officers found that the new dwelling, built decades after the original dwelling was demolished and in a different location, was not equivalent to the original dwelling.

Furthermore, the clear and unambiguous 10-year occupation and 2-year application timing rules in the Niagara Escarpment Plan and Regional Official Plan were not met.

The appeal was dismissed and the NEC's decision was confirmed.

The appellants appealed a Director's Order requiring remediation and monitoring of groundwater contamination at a former manufacturing site.

Following Nortel's insolvency proceedings, the parties reached a settlement agreement wherein the appellants agreed to withdraw their appeals and the Director agreed to revoke the Order.

The Tribunal found that the proposed withdrawals and revocation were consistent with the purpose of the Environmental Protection Act and in the public interest, as a new Director's Order would be issued to the current property owner, backed by financial assurance, to ensure ongoing risk management measures are implemented.

The appeals were dismissed and the Order was revoked.

The appellant appealed a Director's Order requiring the assessment and remediation of groundwater contamination at a former manufacturing site.

Following the appellant's insolvency and CCAA proceedings, the parties reached a settlement agreement wherein the appellant would contribute funds to the current site manager for ongoing remediation, and the Director would issue a new order with updated risk management requirements.

The Tribunal approved the settlement, finding that the withdrawal of the appeal and revocation of the original Director's Order were consistent with the purpose of the Environmental Protection Act and in the public interest.

The appellants appealed a Director's Order requiring compliance with work items related to contamination at a former dry-cleaning site.

Prior to the hearing, the parties reached a settlement agreement to alter the compliance dates.

The Tribunal granted presenter status to three neighbouring landowners, who did not object to the settlement.

Finding the agreement consistent with the Environmental Protection Act and in the public interest, the Tribunal approved the settlement, directed the amendment of the compliance dates, and dismissed the appeals.

The appellants appealed a Director's Order regarding the management of a foundry sand waste pile.

At a pre-hearing conference, the Tribunal granted presenter status to two neighbouring property owners who raised concerns about potential impacts on the local drinking water aquifer.

The Tribunal also scheduled a mediation session and a further pre-hearing conference at the request of the parties.

The Director of the Ministry of the Environment, Conservation and Parks brought a motion to dismiss the appeals of the Mansteel Appellants regarding a Director's Order related to a wood waste landfill.

The Mansteel Appellants failed to comply with Tribunal orders regarding disclosure and witness statements, failed to attend a scheduled telephone conference call, and failed to respond to communications.

The Tribunal found that the appellants showed a lack of regard for the Rules and an unwillingness to carry out their responsibilities.

The motion was granted and the appeals of the Mansteel Appellants were dismissed.

The appellant appealed a confirmed provincial officer's order requiring the removal of demolition waste from a site.

Following a pre-hearing conference where the parties indicated that mediation would not be helpful and compliance had not been completed, the Environmental Review Tribunal issued an order setting the schedule for document exchange, witness statements, and the hearing dates.

The Receiver for Northwood Recycling & Energy Inc. appealed a Director's Order requiring work at a waste disposal site.

Following an inspection confirming full compliance with the work items, the parties reached a settlement.

The Tribunal found the proposed settlement, which revoked the Director's Order and dismissed the proceeding, to be consistent with the purpose of the Environmental Protection Act and in the public interest.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit to construct two vault washrooms and associated septic tanks in the Terra Cotta Conservation Area.

The appellants raised concerns regarding increased traffic, parking issues, and the necessity of the washrooms in a natural area.

The Hearing Officers found that the proposed washrooms were a permitted use under the Niagara Escarpment Plan and met all applicable development criteria, noting that they would help prevent informal sewage disposal.

The appeal was dismissed and the Commission's decision was confirmed.

The Corporation of the City of Thunder Bay and Robert Whiteside appealed an Amended Permit to Take Water issued by the Director of the Ministry of the Environment, Conservation and Parks.

Following a pre-hearing conference, the Environmental Review Tribunal issued a procedural order setting dates for the disclosure of documents, exchange of witness statements, and the hearing of the appeal.

The Tribunal also scheduled a motion regarding the Director's jurisdiction.

The Environmental Review Tribunal issued a procedural order adjourning the hearing regarding the Renewable Energy Approval for the Nation Rise Wind Farm on its own initiative for 44 days.

The Tribunal directed the parties to provide written closing submissions on health and wildlife issues according to the previously established schedule, and to propose a revised schedule for the completion of the hearing of groundwater evidence.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for the applicant to demolish and rebuild a single dwelling.

The appellant's primary concern was the applicant's reliance on an off-site water source located on the appellant's property.

The Hearing Officers found that the proposed development was a permitted use and met the development criteria under the Niagara Escarpment Plan.

The appeal was dismissed and the NEC's decision was confirmed, as issues regarding water rights and potential liability were outside the tribunal's jurisdiction.

The appellants appealed a Director's Order requiring them to take actions regarding a historic wood waste landfill and leachate management systems.

At a pre-hearing conference, the Environmental Review Tribunal considered requests for status in the proceedings.

The Tribunal granted Party status to Hydro One, Participant status to the former owner Uniboard, and Presenter status to adjacent landowners and the City.

The Tribunal also set the schedule for disclosure and the hearing.

The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to construct a single dwelling and associated structures.

Prior to the hearing, the appellant withdrew the appeal.

Pursuant to section 25(10.2) of the Niagara Escarpment Planning and Development Act, the withdrawal of the appeal resulted in the automatic confirmation of the Commission's decision.

The hearing was cancelled.

The applicants sought to construct a secondary dwelling on a lot in the Niagara Escarpment Rural Area.

The Niagara Escarpment Commission conditionally approved the development permit, which was appealed by several parties.

Prior to the hearing, the applicants requested an adjournment to allow them to apply for an amendment to the Niagara Escarpment Plan.

The Hearing Officer granted the adjournment, finding it appropriate and an efficient use of resources, and scheduled a subsequent telephone conference call.

The applicant applied for a development permit to construct a single dwelling, driveway, septic system, and connection to an existing well.

The Niagara Escarpment Commission conditionally approved the application.

The appellants appealed the decision, raising concerns about the well and vegetation.

Following discussions, the applicant agreed to drill a new well, decommission the existing well, and relocate the hydro service.

The appellants subsequently withdrew their appeals.

The Hearing Officers dismissed the appeals and confirmed the Commission's decision.

The appellant appealed the issuance of a Renewable Energy Approval for a wind farm project.

At a pre-hearing conference, several individuals and entities sought participant or presenter status.

The Tribunal granted the status requests but considered whether it had jurisdiction to hear evidence on all issues raised, including economic impacts and general animal health.

The Tribunal held that under the Environmental Protection Act, its jurisdiction is strictly limited to whether the project will cause serious harm to human health or serious and irreversible harm to plant life, animal life, or the natural environment.

Consequently, the Tribunal ruled that evidence regarding economic impacts and issues not pleaded in the Notice of Appeal were outside the scope of the hearing and could not be presented.