Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: February 16, 2018
CASE NO.: 17-040
PROCEEDING COMMENCED UNDER section 100.1(7) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Steven Monaghan (File No. 17-040)
Appellant: Ajax Auto Recyclers Ltd. (File No. 17-041)
Appellant: Ajax Recycling Depot Ltd. (File No. 17-042)
Appellant: Ajax Auto Wreckers (2003) Inc. (File No. 17-043)
Respondent: Corporation of the Town of Ajax
Subject of appeal: Order to pay costs and expenses in relation to the clean-up of a spill
Property Address/Description: 140-16 Dowty Road
Municipality: Town of Ajax
Upper Tier: Regional Municipality of Durham
ERT Case No.: 17-040
ERT Case Name: Monaghan v. Ajax (Town)
Heard: February 8, 2018 by telephone conference call
APPEARANCES:
Parties
Ajax Auto Recyclers Ltd., Ajax Recycling Depot Ltd., Ajax Auto Wreckers (2003) Inc., and Steven Monaghan
Counsel
Talia Gordner
Parties
Corporation of the Town of Ajax
Counsel
Cameron Murkar
ORDER DELIVERED BY JUSTIN DUNCAN, GRAHAM REMPE AND MARCIA VALIANTE
REASONS
Background
1On May 29, 2017, the Corporation of the Town of Ajax (“Town” ) issued an order pursuant to s. 100.1 of the Environmental Protection Act to Ajax Auto Recyclers Ltd., Ajax Recycling Depot Ltd., Ajax Auto Wreckers (2003) Inc., and Steven Monaghan (“Appellants”) directing them to pay $264,514.14 to the Town in relation to costs and expenses incurred by it in containing, cleaning and monitoring oily contamination found in a municipal storm channel at Westney Road and Fairall Street (“Order”).
2The Appellants filed a notice of appeal with the Environmental Review Tribunal (“Tribunal”) on June 12, 2017 seeking that the Order be set aside on various grounds.
3The Town has also filed a civil claim in the Superior Court of Justice (“Superior Court”) against the Appellants in relation to the contamination. Charges have also been filed against the Appellants under the Town’s sewer-use by-law.
4The Tribunal held a Pre-hearing Conference (“PHC”) on September 13, 2017 and continued the PHC by telephone conference call (“TCC”) on October 4 and 23, 2017. During these PHC appearances, the parties raised the issue as to the appropriate order in which the three proceedings should be heard. The parties jointly requested an adjournment so that the Appellants could bring a motion before the Superior Court to address this issue.
5In an order dated November 17, 2017, the Tribunal granted the parties’ request to adjourn the appeal. The appeal was adjourned to a TCC scheduled on February 8, 2018 to follow the hearing of the motion before the Superior Court.
6The Appellants’ motion in the Superior Court, seeking a stay of the civil proceeding and a stay of this appeal pending the resolution of the by-law prosecutions, was heard on January 31, 2018.
7During the February 8, 2018 TCC, the parties advised the Tribunal that Justice Salmers of the Superior Court had reserved his decision on the motion and had advised that a decision would most likely not be rendered until late March or early April. The parties also advised that the by-law prosecutions were not yet close to resolution. As a result, the parties jointly requested that the Tribunal continue the adjournment on the same basis as the Tribunal’s November 17, 2017 Order.
8During the TCC, for the same reasons as those set out in the Tribunal’s November 17, 2017 Order, the Tribunal continued the adjournment to a further TCC to be held on April 16, 2018 at 10 a.m.
ORDER
9The Tribunal orders that:
a. The appeal is adjourned to April 16, 2018;
b. The parties will appear at a TCC on April 16, 2018 at 10 a.m.;
c. The parties shall file the Superior Court’s decision on the motion with the Tribunal once it has been issued.
Adjournment Granted
Procedural Directions Ordered
“Justin Duncan”
JUSTIN DUNCAN
VICE-CHAIR
“Graham Rempe”
GRAHAM REMPE
MEMBER
“Marcia Valiante”
MARCIA VALIANTE
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