Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 06, 2022
CASE NO(S).: OLT-21-001731 (Formerly) 20-015 OLT-21-001067
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, and [s]ection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c. O.40
Appellant: David Bartlett (File No. 20-015)
Appellant: James Bartlett (File No. 20-016)
Appellant: N.M. Bartlett Inc. (File No. 20-017)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work in regard to stormwater management and soil and sediment remediation
Reference No.: 5841-BCVQ4K-1
Property Address/Description: 4509 Bartlett Road
Municipality: Lincoln
Upper Tier: Regional Municipality of Niagara
OLT Case No.: OLT-21-001731
Legacy Case No.: 20-015
OLT Case Name: Bartlett v. Ontario (Environment, Conservation and Parks)
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19
Appellant: David Bartlett (Appeal No. 001166)
Appellant: James Bartlett (Appeal No. 001167)
Appellant: N.M. Bartlett Inc. (Appeal No. 001168)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work in regard to stormwater management and soil and sediment remediation
Reference No.: 1-41636588
Property Address/Description: 4509 Bartlett Road, RR #1
Municipality: Lincoln
Upper Tier: Regional Municipality of Niagara
OLT Case No.: OLT-21-001067
OLT Case Name: Bartlett v. Ontario (Environment, Conservation and Parks)
Heard: November 22, 2022 by telephone conference call
APPEARANCES:
Parties
Counsel
David Bartlett, James Bartlett and
Jennifer Danahy
N.M. Bartlett Inc.
Director, Ministry of the Environment,
Nicholas Adamson
Conservation and Parks
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON NOVEMBER 22, 2022 AND ORDER OF THE TRIBUNAL
1This Order arises from a status update telephone conference call (“TCC”) held regarding the appeals filed by N.M Bartlett Inc., James Bartlett, and David Bartlett (“Appellants”) in relation to Director’s Order No. 5841-BCVQ4K-1 (“Director’s Order”) issued by the Director, Ministry of the Environment, Conservation and Parks (“MECP”) under s. 140(1) of the Environmental Protection Act and s. 100(4) of the Ontario Water Resources Act. The Director’s Order requires the Appellants to perform stormwater management and soil and sediment remediation work at the property located at 4509 Bartlett Road (“site”).
2At the status update hearing, the parties confirmed that considerable settlement progress was being made and consequently the 14-day Tribunal hearing schedule for October 2022 was adjourned. Although a final settlement is not imminent, considerable progress is being made. Since the hearing adjournment was requested, the parties have had two meetings of five experts from each side. There is an additional meeting of experts scheduled. Further, there is ongoing soil sampling and testing which requires analysis.
3The parties requested that a further status update be scheduled for the week of March 20, 2023. The parties believed they would be in a better position to know whether settlement would be likely or whether a hearing needed to be scheduled.
4The Tribunal Member expressed concern that the parties may not be any further ahead by March 2023 and asked whether it would be appropriate to set new hearing dates now. Given the progress of the expert meetings and the sampling results, the parties believe that it would be premature to schedule a new hearing at this time. Mr. Adamson, counsel for the MECP assured the Tribunal Member that the existing Director’s Order(s) were not stayed and continue to impose requirements with deadlines.
5The Tribunal scheduled a further CMC (status update TCC) for March 2023.
ORDER
6The Tribunal directs that a Case Management Conference will be held by telephone conference call on Thursday, March 23, 2023, at 9:30 a.m. for the parties to provide the Tribunal with a status update on this matter and to set further procedural direction.
7The Tribunal’s Case Coordinator will provide the details for connecting to the Case Management Conference telephone conference call.
8This Member is not seized.
“Warren Morris”
WARREN MORRIS
MEMBER
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.