Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2023
CASE NO(S).: OLT-22-004473
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19
Appellant: 2057183 Ontario Limited
Appellant: Harry Westendorp
Appellant: Pamela Poulin
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: Various works ordered including not to burn any waste wood materials at the site, the remove of all waste materials, and the installation of two monitoring wells in two different areas of the Site
Reference Number: 1-131767953
Property Address: 7811 County Road 6
Municipality/Upper Tier: Elizabethtown-Kitley, Leeds and Grenville
OLT Case No.: OLT-22-004473
OLT Lead Case No.: OLT-22-004473
OLT Case Name: Poulin v. Ontario (MECP)
Heard: April 11, 2023 by video hearing
APPEARANCES:
Parties
Counsel
2057183 Ontario Limited, Harry Westendorp and Pamela Poulin
J. Douglas Grenkie
Director, Ministry of the Environment, Conservation and Parks
Isabelle O’Connor and Victoria Kacer (student-at-law)
MEMORANDUM OF ORAL DECISION DELIVERED BY Jennifer GOLD AND s. tousaw ON april 11, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held a second Case Management Conference (“CMC”) respecting an appeal by Pamela Poulin, Harold Westendorp, and 2057183 Ontario Limited (“Appellants”). The appeal arises following Director’s Order No. 1-131767953 (“Director’s Order”) made on September 27, 2022 by Trevor Dagilis, Ministry of the Environment, Conservation and Parks (“MECP”) under s. 157.3 of the Environmental Protection Act1 (“EPA”). At the first CMC held on November 22, 2022, the Tribunal scheduled a 5-day video hearing beginning on Monday, May 15, 2023.
REQUESTS FOR STATUS
2Prior to the second CMC, there were no requests for Participant or Party status received by the Tribunal. Three residents from the area of the Appellants’ property attended but did not seek Participant or Party status. Counsel for the parties confirmed that they were not aware of any Party or Participant status requests.
MEDIATION
3The Tribunal canvassed the possibility of mediation to reduce the issues or to pursue a settlement of this appeal. Counsel for the parties expressed openness to resolution discussions and they will advise the Tribunal in advance of the hearing should issues be reduced or a settlement achieved.
PROCEDURAL ORDER AND ISSUES LIST
4The Tribunal received and reviewed a draft Procedural Order and Issues List from the parties. The Tribunal made minor modifications with the consent of the parties. The Tribunal found the Procedural Order acceptable and ordered that the proceedings shall be governed by it (see Attachment 1).
HEARING
5As scheduled at the first CMC, the hearing shall proceed on Monday, May 15, 2023 at 10:00 a.m. to Friday May 19, 2023 for a five (5) day hearing.
Parties and Participants 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.
6The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/558205565
Access Code: 558-205-565
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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
8Parties 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
9Individuals 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.
ORDER
10The TRIBUNAL ORDERS that:
The hearing shall proceed on Monday, May 15, 2023 at 10:00 a.m. to Friday May 19, 2023 by video.
The proceedings shall be governed by the Procedural Order and Issues List attached hereto as Attachment 1.
No further notice is required.
The Members of the Panel are not seized.
“Jennifer Gold”
jennifer gold
MEMBER
“S. Tousaw”
s. tousaw
VICE-CHAIR
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.
ATTACHMENT 1