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Ontario Land Tribunal
**Issue Date:** August 28, 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](https://www.canlii.org/en/on/laws/stat/rso-1990-c-e19/latest/rso-1990-c-e19.html), 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 31, 2023 by telephone conference call
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## Appearances
| Parties | Counsel |
|---------|---------|
| 1767158 Ontario Inc. and Don McCaig | Paula Lombardi |
| Director, Ministry of the Environment, Conservation and Parks | Jon Bradbury and Rachel MacDougall (summer student) |
## Memorandum of Oral Decision Delivered by Hugh S. Wilkins on July 31, 2023 and Order of the Tribunal
[1] On July 31, 2023, the Tribunal held a Case Management Conference (“CMC”) 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.
[2] The Tribunal previously held a CMC on March 14, 2023 at which it scheduled the hearing of the merits of this proceeding to commence on July 31, 2023. On July 20, 2023, the Parties informed the Tribunal that they had made progress in settlement discussions and requested an adjournment of the hearing. They also requested that a CMC be held at which they would make submissions to the Tribunal regarding next steps.
[3] At the CMC on July 31, 2023, the Parties stated that the Appellants would be submitting a proposed work plan to the Director by mid-August and that they would have a clear idea by early September regarding whether a hearing will be needed. They requested that a further CMC be scheduled for September at which the Tribunal would receive further updates from the Parties and a hearing of the merits or, hopefully, a settlement hearing, could be scheduled.
[4] The Tribunal agreed and directed that a further CMC will be held in September.
[5] The Tribunal directed that the next CMC will be held by telephone conference call commencing on Tuesday, September 12, 2023, at 9 a.m.
[6] Parties 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.
[7] There will be no further notice.
[8] This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
VICE CHAIR
Ontario Land Tribunal
Website: [olt.gov.on.ca](http://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.
minicounsel