Environmental Review Tribunal
Tribunal de l’environnement
ISSUE DATE: November 20, 2020
CASE NO(S).: 19-082
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19
Appellant: Wessuc Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to cease operation of a vehicle and ensure it meets emission standards, and to retain a Qualified Person to carry out an inspection and any repairs for emissions tampering and/or emissions maintenance
Reference No.: SCB-1004-19-3443
Property Address/Description: 1693 Colborne Street East
Municipality: City of Brantford
Upper Tier: County of Brant
ERT Case No.: 19-082
ERT Case Name: Wessuc Inc. v. Ontario (Environment, Conservation and Parks)
APPEARANCES:
Parties
Wessuc Inc.
Counsel
Peter Pickfield and Colin Léger
Parties
Director, Ministry of the Environment, Conservation and Parks
Counsel
Katie Clements (May 21 only)
James Kendik (July 8 and August 7 only)
HEARD: May 21, 2020, July 8, 2020 and August 7, 2020 by Telephone Conference Calls
ADJUDICATOR(S): Laurie Bruce, Member
DECISION
BACKGROUND
1On October 30, 2019, the Ministry of the Environment, Conservation and Parks (“Ministry”) issued a Provincial Officer’s Order SCB-1004-19-3443 (“Order”) to Wessuc Inc. (“Wessuc”) pursuant to s. 157 of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended (the “Act”).
2Upon Wessuc’s request for review, the Director was deemed to confirm the Order pursuant to s. 157.3(8) of the Act.
3The Order, issued with respect to a vehicle, identified by VIN No. 1M1AW07Y7FM050507 (the “Subject Truck”) for which Wessuc is the registered owner, requires Wessuc to cease operation of the Subject Truck and to retain a Qualified Person to “carry out an inspection and any repairs for emissions tampering and/or emissions maintenance” on the Subject Truck among other requirements.
4On November 28, 2019, Wessuc appealed the Order to the Environmental Review Tribunal (“Tribunal”).
5The first Prehearing Conference Call (“PHC”) was held on May 21, 2020. There were no requests for party, participant or presenter status. The parties advised the Tribunal that they were having productive discussions and asked the Tribunal to adjourn for approximately six weeks. The parties stated that there may be solutions that would result in the modification of the Order or the withdrawal of the appeal.
6The Tribunal reconvened on July 8, 2020 and was advised that discussions were continuing. The parties jointly requested that the Tribunal set a subsequent telephone conference call for August 7, 2020, which would serve as a status update.
7On the August 7, 2020 telephone conference call, the parties advised the Tribunal that there were some logistical issues related to the inspection of the Subject Truck but that it had now been completed and the Ministry required time to review the inspection report. The parties agreed to update the Tribunal’s Case Coordinator on the progress of the discussions.
8On August 14, 2020, the Tribunal was provided with a letter from the Appellant which stated that Wessuc had complied with the Director’s Order and had withdrawn its appeal.
9In accordance with Rule 199 of the Tribunal’s Rules of Practice and Practice Directions, where there has been a proposed withdrawal of an appeal agreed to by all Parties and the decision under appeal is not altered by a settlement agreement, the Tribunal shall issue a decision dismissing the proceeding. As such, since the withdrawal of the appeal was agreed to by all parties and the Order has been complied with and was not altered, the matter is dismissed.
DECISION
10The Tribunal orders that the appeal by Wessuc Inc. is dismissed.
Appeal Withdrawn
Appeal Dismissed
“Laurie Bruce”
LAURIE BRUCE
MEMBER
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Environmental Review Tribunal A constituent tribunal of Ontario Land Tribunals Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248