OERT 2018

The appellants appealed the conditional approval of a development permit application to construct vault washrooms in a conservation area.

During a pre-hearing conference, the appellants raised concerns regarding an access point to the property.

The hearing officers scheduled the hearing and set dates for the exchange of disclosure and witness statements.

The appellant appealed portions of a Director's Order requiring the design of a stormwater management system and submission of an environmental compliance approval application for an auto wrecking business.

After several years of progress and the eventual approval of the stormwater management facility design and ECA application, the appellant withdrew its appeal.

The Tribunal dismissed the appeal in accordance with Rule 199 of its Rules of Practice.

The Environmental Review Tribunal held a pre-hearing conference regarding an appeal of a Renewable Energy Approval for a wind farm.

The Tribunal granted presenter and participant status to several individuals and entities.

The Tribunal also issued procedural directions, including deadlines for document exchange and scheduling the hearing dates, while excluding certain issues from the scope of the hearing.

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

During telephone conference calls, the parties agreed to schedule a pre-hearing conference and consented to minor amendments to the Director's Order to clarify the requirements for constructed surface flow wetlands.

The Tribunal ordered the scheduling of the pre-hearing conference and amended the Director's Order accordingly.

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 and Climate Change.

The Tribunal held telephone conference calls to address the status of the appeals and scheduling.

The Tribunal dismissed Mr. Whiteside's appeal for lack of jurisdiction but granted his request for Party status, and scheduled a pre-hearing conference and a motion regarding the Director's jurisdiction.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to demolish an existing dwelling and construct a new one.

At a pre-hearing conference, the appellant raised concerns regarding the proposed development's water source and its potential impact on a shared artesian well.

The Hearing Panel determined that a requested property boundary fence was not an appropriate issue for the appeal.

The Panel issued procedural directions and scheduled the hearing dates.

The appellant appealed conditions of a Permit to Take Water issued for its golf course, which required the installation of nested bedrock monitoring wells.

Following mediation, the parties reached a settlement agreement to amend the permit conditions, requiring the conversion of an existing well into a multi-level observation well and shortening the permit duration to two years to gather data.

The Tribunal found the settlement consistent with the purpose of the Ontario Water Resources Act and in the public interest, ordered the Director to issue the amended permit, and dismissed the appeal.

The appellant appealed a Director's decision confirming a Provincial Officer's Order that required the cessation of demolition waste deposition and the removal of all waste from the site.

The appellant brought a motion for a stay of the Director's decision pending the appeal.

The Environmental Review Tribunal refused the request for a stay and dismissed the motion, with reasons to follow.

The appellants appealed a Director's Order regarding contamination associated with a former manufactured gas plant site.

The parties requested a further adjournment of the appeals to allow for continued discussions and the implementation of work plans.

The Tribunal granted the adjournment, finding it fair and reasonable as progress was being made and there was no immediate threat to human health or the environment.

The appellants appealed a municipal order requiring them to pay costs for the clean-up of an environmental spill.

Parallel civil and by-law proceedings were also ongoing.

The appellants sought an adjournment of the Tribunal appeal pending their motion for leave to appeal to the Divisional Court regarding a stay of the proceedings.

On consent of the parties, the Tribunal granted the adjournment to preserve the integrity of the process and avoid overlapping litigation.

A pre-hearing conference was held regarding appeals of a Niagara Escarpment Commission decision to conditionally approve a development permit for a secondary dwelling.

The parties agreed on a timeframe for scheduling the hearing and requested a continuation of the pre-hearing conference to discuss possible resolution of issues.

The Hearing Officer scheduled the hearing, document disclosure dates, and a continuation of the pre-hearing conference.

The appellants sought to appeal a Provincial Officer's Order issued under the Environmental Protection Act.

The Director requested the appeals be dismissed without a hearing, arguing the Tribunal lacked jurisdiction because the appellants failed to request a review of the order by the Director within the statutory seven-day limit.

The Tribunal agreed, finding that under s. 140 of the Act, an appeal only lies from a Director's order.

Since no review was requested, no Director's order was made or deemed made.

The appeals were dismissed pursuant to Rule 119 of the Tribunal's Rules of Practice.

The appellants appealed a Director's Order requiring them to develop and implement a remedial action plan to address diesel contamination originating from a concrete batch plant.

The parties reached a settlement agreement requiring the installation of a barrier wall, additional groundwater monitoring, and financial assurance.

The Tribunal reviewed the Minutes of Settlement under Rule 201 of its Rules of Practice, found the agreement consistent with the purpose of the Environmental Protection Act to protect the natural environment, and dismissed the appeals, directing the Director to amend the order accordingly.

The appellant appealed a Director's Order regarding a waste disposal site.

At a pre-hearing conference, the City of Oshawa and the Ummah Foundation sought and were granted participant status without objection.

The parties jointly requested and were granted an adjournment of the pre-hearing conference to allow for ongoing settlement discussions and to address a related jurisdictional motion filed in court.

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

At a pre-hearing conference, the Town of Pelham requested party status, arguing it had a genuine interest because the subject property was within its boundaries and it objected to the application on the basis that the lot was not created through a Planning Act process.

The appellant opposed the request, asserting the Town had already recognized the lot by collecting property taxes.

The Hearing Panel granted the Town party status, finding its interests could be directly and substantially affected by the hearing.

The appellants appealed a Director's Order relating to the processing of agricultural material at a site in Kingsville.

The parties reached a settlement and proposed Minutes of Settlement to the Environmental Review Tribunal.

The Tribunal found the settlement to be consistent with the purpose and provisions of the Environmental Protection Act and in the public interest.

The Tribunal accepted the withdrawal of the appeals, dismissed the appeals, and directed the Director to issue an amended order pursuant to the Minutes of Settlement.

The Chippewas of Nawash Unceded First Nation and the Ontario Heritage Trust appealed the Niagara Escarpment Commission's conditional approval of a development permit for a property located within a sacred cultural landscape.

The parties reached a settlement agreement involving the purchase of the subject property by the Chippewas of Nawash.

The Hearing Officers confirmed the conditional approval with a revised expiration date, as agreed by the parties, and the appeals were withdrawn.

The appellant, Nagata Auto Parts Canada Co., Ltd., sought to withdraw its appeal of a Director's Order regarding groundwater contamination at sites in Middlesex County.

The Ministry of the Environment and Climate Change and the appellant reached a settlement, and a new Provincial Officer's Order was issued requiring risk management and monitoring measures.

The Environmental Review Tribunal found the proposed withdrawal consistent with the purpose of the Environmental Protection Act and in the public interest, accepted the withdrawal, and dismissed the appeal.

The appellant appealed the Niagara Escarpment Commission's refusal of a development permit application to construct a second, detached dwelling on a property in the Escarpment Rural Area.

The Hearing Officers found that the proposed development did not comply with the Niagara Escarpment Plan, which generally permits only one single dwelling per lot.

The proposal did not meet the criteria for a secondary dwelling unit because it would be detached and larger than the existing dwelling.

The appeal was dismissed and the refusal of the application was confirmed.

The Niagara Escarpment Commission approved a development permit for 2222699 Ontario Inc. to host water-skiing competitions on a pond in a former gravel pit.

Several neighbours, the Town of Mono, and the applicant appealed the decision.

The Hearing Officers found that the originally approved development of four 2.5-day events was too intensive and not a permitted use in the Escarpment Protection Area.

However, they recommended approval of a redefined proposal for two events per year with a maximum of 40 competitors, subject to strict conditions including a three-year review period, noise controls, and a fuel contingency plan.

The Minister of Natural Resources and Forestry accepted the recommendation and directed the issuance of the modified permit.