Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 11, 2022
CASE NO(S).: 21-034
PROCEEDING COMMENCED UNDER section 30 of the Endangered Species Act, 2007, S.O. 2007, c. 6, as amended
Appellant: Hilary K. Huisman (File No. 21-034) Appellant: Luiken E. Huisman (File No. 21-035)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to stop the probable destruction of and clearing of trees believed to be a Species at Risk habitat
Property Address/Description: 14150 Spence Line, PT LT 6 CON 8 ORFORD PT 2, 24R6705 and 14150 Spence Line, PT LT 5-6 CON 8 ORFORD PT 3, 24R6705
Municipality: Chatham-Kent
OLT Case No.: 21-034
OLT Case Name: Huisman v. Ontario (Environment, Conservation and Parks)
Heard: November 19, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Hilary K. Huisman and Luiken E. Huisman | Zachary Grace |
| Enforcement Officer, Ministry of the Environment, Conservation and Parks | Nadine Harris |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON NOVEMBER 19, 2021 AND ORDER OF THE TRIBUNAL
1On November 19, 2021, the Tribunal acting in its role as the hearing office for the purpose of conducting hearings pursuant to s. 30 of the Endangered Species Act, 2007 (“Hearing Office”) held a Case Management Conference (“CMC”) regarding a proceeding commenced by Hilary K. Huisman and Luiken E. Huisman regarding an Order, dated February 4, 2021 (“Stop Order”), issued by Enforcement Officer Christopher Price of the Ministry of Environment, Conservation and Parks (“MECP”). The Stop Order is to stop the alleged destruction of species at risk habitat at the property located at 14150 Spence Line, in the Municipality of Chatham-Kent.
2At the CMC, the Parties provided an update on the status of the proceeding and on settlement discussions. They stated that field studies are being undertaken at the subject property and the Stop Order is being complied with. They stated that the field studies are to be completed in the Spring of 2022 and then reviewed by the MECP. The Parties expressed optimism that a settlement may be reached based on the field studies. They requested that a further CMC be scheduled for May 2022 at which time they will update the Hearing Office on the prospects for settlement and will be in a better position to identify issues and discuss procedural matters in preparation for a hearing.
ORDER
3The Hearing Office orders that a further CMC in this matter will be held by video hearing on Friday, May 13, 2022, commencing at 10 a.m. at which time the Parties will update the Hearing Office on the status of settlement discussions and the identification of issues.
4The Hearing Office directs that, if a settlement is reached, the Parties contact the Hearing Office’s Case Coordinator and request that the May 2022 CMC be converted into a settlement hearing, if required. The hearing details to connect to the video conference will be provided to the Parties by the Case Coordinator.
5This Hearing Officer is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS MEMBER
Ontario Land Tribunal Website: 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.