Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 21, 2023
CASE NO(S).: OLT-22-003335
PROCEEDING COMMENCED UNDER subsection 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: December 11, 2023 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 HUGH S. WILKINS ON DECEMBER 11, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal held a Case Management Conference (“CMC”) on December 11, 2023 regarding appeals filed by 1767158 Ontario Inc. and Don McCaig (“Appellants”) concerning Director’s Order No. 1-105666379 issued by the Director (“Director”), Ministry of the Environment, Conservation and Parks.
2At the CMC, the Parties provided the Tribunal with a status update indicating that settlement discussions had continued and that an experts meeting was being arranged at which an action plan should be finalized and implementation steps discussed. They requested that a further CMC be held at which they hoped a settlement can be finalized. The Tribunal agreed and directed that a further CMC will be held in February 2024.
3The Tribunal asked that the Parties provide the Tribunal’s case coordinator with a written update on the status of the matter by Friday, January 19, 2024 to determine whether the February CMC should be converted into a settlement hearing.
4The Tribunal directed that the next CMC will be held by video hearing commencing on Friday, February 2, 2024, at 9 a.m.
5Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
6Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 692-665-589.
8Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9There will be no further notice.
10This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
VICE-CHAIR
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.