Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 08, 2022
CASE NO(S).: OLT-22-003335
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellants: Don McCaig, 1767158 Ontario Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant associated with the waste in, on, or under the property
Reference No.: Director’s Order No. 1-105666379
Property Address/Description: PART OF ROAD ALLOWANCE BETWEEN LOTS 43 & 44, CONCESSION STR SOUTHWOLD CLOSED BY BY-LAW #129 & 136; PART OF LOTS 42-45 CONCESSION STR SOUTHWOLD DESIGNATED AS PARTS 1 & 2, 11R-2455; SAVE & EXCEPT PART 1, 11R-8600; ST. THOMAS; PIN 35155-0148 (LT)
Municipality: City of St. Thomas
Upper Tier: Elgin County
OLT Case No.: OLT-22-003335
OLT Case Name: McCaig v. Ontario (Environment, Conservation and Parks)
Heard: July 6, 2022 by telephone conference call
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1767158 Ontario Inc. and Don McCaig | Paula Lombardi |
| Director, Ministry of the Environment, Conservation and Parks | Jon Bradbury |
Memorandum of oral decision DELIVERED BY JENNIFER CAMPBELL ON JULY 6, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding an appeal by 1767158 Ontario Inc. and Don McCaig (collectively, the “Appellants”) concerning Director’s Order No. 1-105666379 (the “Order”) issued by the Ministry of the Environment, Conservation and Parks (the “Respondent”) regarding the deposit and removal of waste at the property located at Part of road allowance between Lots 43 & 44, Concession Str, Southwold closed by by-law 129 & 136; part of Lots 42 – 45, Concession Str, Southwold designated as Parts 1 & 2, 11R-2455; Save & except Part 1, 11R-8600; St. Thomas; PIN 35155-0148 (LT).
2At the CMC, the Parties discussed the identification of the issues to be adjudicated at a hearing. The Parties advised that discussions were ongoing, and significant progress had been made with respect to a potential settlement. In particular, they noted that of the seven (7) action items set forth in the Order, it was expected that the Parties would agree upon the terms of a stay order with respect to five (5) such action items (the “Stay Order”). Further, the Parties indicated that they expected to settle any remaining issues beyond those to be addressed pursuant to the Stay Order, which would negate the need for a hearing altogether.
3The Parties indicated that they would require an additional two (2) weeks to settle the terms of the requested Stay Order. The Tribunal directed that a draft Stay Order be filed by the Parties by July 22, 2022.
4The Tribunal directed that a further CMC will be held on August 31, 2022.
ORDER
5The Tribunal orders that a draft Stay Order be filed by the Parties by July 22, 2022.
6The Tribunal orders that a further CMC will be held by telephone conference call on August 31, 2022 commencing at 9 a.m.
7Party(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
8There will be no further notice.
9This Member is not seized.
“Jennifer Campbell”
jennifer campbell
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.