Environmental Law - OERT

The Tribunal held a telephone conference call to set procedural directions and hearing dates for appeals of a Director's Order issued under the Environmental Protection Act regarding the unauthorized storage of hazardous waste materials at a site in Hamilton.

The Tribunal ordered a schedule for the exchange of witness statements and documents, and set hearing dates for December 2015 and March 2016.

The appellant appealed a Director's Order requiring him to retain a consultant to assess and remediate petroleum impact on groundwater from a 1990 fuel oil spill on his cottage property.

Following a preliminary hearing, the Environmental Review Tribunal issued an order clarifying the scope of the appeal and organizing the issues to be determined at the hearing.

The Tribunal identified seven main issues within the scope of the appeal and excluded issues related to remedy or expanding the Director's Order.

The appellants appealed an order from the Director of the Ministry of the Environment and Climate Change requiring an environmental investigation program at a former dry cleaning facility.

At a preliminary hearing, the Town of Bradford West Gwillimbury requested party status, arguing it owned adjacent property potentially affected by contamination and could provide municipal expertise.

The Tribunal granted the Town party status on consent and adjourned the preliminary hearing to allow the parties to progress on the work items in the order.

The approval holder brought a motion to define the issue to be determined in the remaining portion of the hearing and to strike portions of two witness statements.

The motion was dismissed, with reasons to follow.

At a preliminary hearing regarding an appeal of a Director's Order related to an environmental spill, several individuals and entities sought party and participant status.

The Tribunal granted party status to several potential orderees and individuals named in the order, finding their interests could be directly and substantially affected.

The Regional Municipality of Niagara was granted participant status due to its genuine interest as an adjacent property owner.

The preliminary hearing was adjourned to allow ongoing remediation work to proceed.

The appellants appealed a Director's Order requiring them to secure and remediate a site containing hazardous waste.

During a telephone conference call, the Royal Bank of Canada requested to be removed as a party, which was granted on consent.

The parties also requested an adjournment of the preliminary hearing to continue mediation, which the Tribunal granted.

The appellants requested a hearing regarding an order requiring them to perform work with respect to sewage at a property.

The parties jointly requested an adjournment of the hearing and an interim stay of the order to allow the appellants to obtain a building permit for a sewage system from the municipality.

The Tribunal granted the adjournment and interim stay on consent, finding that the proposed terms met the statutory requirements and would ensure environmental concerns were addressed on an interim basis.

The Environmental Review Tribunal held a preliminary hearing regarding an appeal of a Renewable Energy Approval for a wind facility.

The Tribunal considered requests for participant and presenter status from the City of Kawartha Lakes, Save the Oak Ridges Moraine Coalition, and two individuals.

The Tribunal granted the requests subject to general conditions, finding that the applicants had a genuine interest and would make a relevant contribution to the proceeding.

The Tribunal also confirmed procedural directions and the hearing schedule.

The appellant in a renewable energy approval appeal brought a motion seeking disclosure of the complete Species At Risk Report submitted by the approval holder to the Ministry of Natural Resources and Forestry.

The approval holder had only disclosed redacted portions it deemed relevant to the appellant's proposed expert evidence.

The Environmental Review Tribunal ordered the disclosure of the report in its entirety, finding it potentially relevant to the appeal.

However, to protect species at risk, the Tribunal ordered that the report be marked confidential and its disclosure limited to the parties' counsel and expert witnesses.

The appellants appealed a Director's Order regarding groundwater contamination at a former manufacturing site.

The parties requested on consent that the proceeding be adjourned and the existing stay of the order be extended to allow time to finalize remedial actions.

The Tribunal found no concerns under section 143(3) of the Environmental Protection Act and granted the requested extension and adjournment.

The appellant appealed a Permit to Take Water issued to the instrument holder for quarry dewatering.

The Environmental Review Tribunal allowed the appeal in part and ordered amendments to the permit.

The amendments included reduced daily water taking limits, enhanced groundwater monitoring requirements, and the implementation of a contingency plan with specific trigger events.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for a horse stable.

During a pre-hearing conference, the appellants requested an adjournment to gather more information, which the Hearing Officers denied due to the lack of settlement prospects and ample time remaining before the hearing.

Subsequently, the appellants withdrew their appeals.

Pursuant to Rule 205 of the Environmental Review Tribunal, the withdrawal automatically confirmed the Commission's decision, and the hearing was cancelled.

The Environmental Review Tribunal held a preliminary hearing regarding an appeal of a Renewable Energy Approval for the Gunn's Hill Wind Farm.

The Tribunal granted presenter status to the Township of Norwich on consent of the parties.

The Tribunal also issued detailed procedural directions for the main hearing, including deadlines for witness statements, expert qualifications, and final submissions.

The appellants appealed a Director's Order concerning groundwater contamination at a former manufacturing site.

Following negotiations, Nortel and the Ministry of the Environment and Climate Change reached a framework agreement regarding remediation.

The parties consented to an order extending the stay of certain items in the Director's Order until June 30, 2015, and requiring Nortel to submit revised restorative action plans.

The Tribunal accepted the consent order, finding no bars to the stay under the Environmental Protection Act.

The appellant appealed a Director's Order concerning groundwater contamination remediation.

Following negotiations and related court proceedings, the parties agreed to amend the stay of the order and the appellant agreed to withdraw its appeal, save for two specific issues regarding future work plans and management/control.

The Tribunal granted the continuation of the stay and accepted the partial withdrawal of the appeal on consent.

The appellants appealed Director's Orders requiring them to address DDT pesticide and metabolite contamination in Bartlett Creek.

At a preliminary hearing, the parties advised they were engaged in settlement discussions and requested that hearing dates not be set immediately.

Following a subsequent telephone conference call, the Tribunal issued procedural directions on consent, establishing a timetable for disclosure, witness statements, and the hearing, while noting the parties' intention to participate in Tribunal-assisted mediation.

The appellants appealed a Director's Order relating to a spill of environmental contaminants, including toluene and acetone, at a site in Fort Erie.

Several appellants brought motions to stay the Director's Order pending the final resolution of the appeals.

At the hearing, the moving parties and the Director presented an agreement for a partial stay and interim amendments to the Order.

The Environmental Review Tribunal approved the consent agreement, finding that the stay would not result in a danger to health, safety, or the environment, and that the balance of convenience favoured granting the stay to allow necessary investigative work to proceed.

The Permit Holder brought a motion to amend an earlier Tribunal order that partially lifted an automatic stay on a Permit to Take Water for a quarry.

The Permit Holder sought to extend the dewatering period from 10 to 30 days, citing a larger than expected volume of accumulated spring melt water and precipitation.

The Appellant opposed the extension, raising concerns about potential environmental impacts and questioning the Permit Holder's claims of irreparable harm.

Applying the RJR-MacDonald test and section 102(3) of the Ontario Water Resources Act, the Tribunal found that the Permit Holder would suffer irreparable harm if unable to access the quarry floor, and that a short-term extension would not pose a serious risk of environmental impairment.

The Tribunal partially granted the motion, extending the stay lift for an additional 10 days to allow the removal of up to 23 million litres of water, subject to strict monitoring and contingency conditions.

The Environmental Review Tribunal held a preliminary hearing to consider requests for participant and presenter status in an appeal of a Renewable Energy Approval for a wind facility.

The Tribunal granted participant status to the Municipality of Grey Highlands and the Brewster Lake Home Owners' Association, and presenter status to several individuals, subject to procedural directions limiting duplication and ensuring relevance.

The Tribunal also established the schedule for the hearing.

The appellants appealed a Director's Order requiring remedial measures for groundwater contamination at a former manufacturing site.

Following a settlement agreement where Nortel agreed to pay $300,000 to the new property owner (Taggart) and Taggart agreed to a new Director's Order requiring remediation backed by financial assurance, the Director proposed to revoke the original order.

The Tribunal found the proposed revocation was consistent with the Environmental Protection Act and in the public interest, revoked the order, and dismissed the appeals.