OERT 2019

At a pre-hearing conference regarding appeals of a development permit approval, several individuals requested party and participant status.

The Hearing Officer granted party status to two neighbours whose interests could be directly and substantially affected by the hearing, and participant status to the past president of the condominium corporation who could provide relevant context.

The matter was adjourned to allow for settlement discussions.

The appellants appealed a Director's Order requiring a Phase One Environmental Site Assessment and other actions at a site in Brockville.

At a pre-hearing conference, the parties consented to a stay of Items 1 to 15 of the Director's Order.

The Tribunal found it was not precluded from issuing a stay under the Environmental Protection Act and granted the stay.

The Tribunal also set the schedule for the hearing and next steps.

The appellants appealed a municipal order requiring them to pay $264,514.14 for the clean-up of an environmental spill.

Following the dismissal of the appellants' motion for leave to appeal a Superior Court decision regarding a stay of proceedings, the Environmental Review Tribunal scheduled the hearing dates and set procedural deadlines for disclosure and witness statements.

The appellants appealed a Director's Order requiring them to conduct a vapour intrusion assessment program at residential properties adjacent to their industrial facility.

After complying with the order and conducting the required sampling, the appellants sought to withdraw their appeals.

With the consent of the Director and no objection from the presenter, the Environmental Review Tribunal dismissed the appeals pursuant to Rule 199 of its Rules of Practice.

The appellant appealed conditions of an Amended Environmental Compliance Approval requiring source testing for fluorides and particulate matter.

After an interim stay and mediation, the appellant withdrew its appeal.

The Tribunal dismissed the appeal pursuant to Rule 199 of the Rules of Practice.

The appellant, a condominium unit owner, sought to appeal the Niagara Escarpment Commission's approval of a development permit for another unit within the same condominium corporation.

The appellant had not received notice of the decision from the Commission.

The Hearing Officer dismissed the appeal, finding that the Niagara Escarpment Hearing Office lacks jurisdiction to extend a right of appeal to a person who was not entitled to receive notice under the Niagara Escarpment Planning and Development Act.

The appellants appealed a preventative measures order issued by the Director under s. 18 of the Environmental Protection Act regarding a steel mill and mining operations.

The order was issued in response to risks related to the insolvency of Essar Steel Algoma Inc. The parties requested a further adjournment of the appeal proceedings to finalize a settlement agreement in the context of ongoing CCAA proceedings.

The Tribunal granted the adjournment and scheduled a status update telephone conference call.