Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 15, 2023
CASE NO(S).: OLT-23-000383
PROCEEDING COMMENCED UNDER subsection 91(1)(2) of the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1
Appellant: Mobius PRO Services
Respondent: Deputy Registrar, Resource Productivity and Recovery Authority
Subject of appeal: Decision and Order regarding contravention of sections 6(1) and 10 of O.Reg. 225/18: Tires Regulation
Reference No.: RPRA-0002
OLT Lead Case No.: OLT-23-000383
OLT Case No.: OLT-23-000383
OLT Case Name: Mobius PRO Services v. Ontario (Resource Productivity and Recovery Authority)
PROCEEDING COMMENCED UNDER subsection 91(1)(2) of the Resource Recovery and Circular Economy Act, 2016, S.O. 2016, c. 12, Sched. 1
Appellant: YESS Environmental Services & Solutions Inc.
Respondent: Deputy Registrar, Resource Productivity and Recovery Authority
Subject of appeal: Decision and Order regarding contravention of sections 6(1) and 10 of O.Reg. 225/18: Tires Regulation
Reference No.: RPRA-0005
OLT Lead Case No.: OLT-23-000383
OLT Case No.: OLT-23-000384
OLT Case Name: YESS Environmental Services & Solutions Inc. v. Ontario (Resource Productivity and Recovery Authority)
Heard: August 18, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
YESS Environmental Services & Solutions Inc. and Mobius PRO Services
Julie Lesage Jonathan Cocker
Resource Productivity and Recovery Authority
Erica Richler
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON AUGUST 18, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) convened by the Tribunal for the above-noted matter. YESS Environmental Services & Solutions Inc. and Mobius PRO Services (“Appellants”) have filed appeals against Resource Productivity and Recovery Authority (“RPRA”) pursuant to s. 91(1)(2) of the Resource Recovery and Circular Economy Act 2016 against the decision and order regarding contravention of s. 6(1) and s.10 of Ontario Regulation 225/18: Tires Regulation.
Draft Procedural Order
2The Appellants’ counsel, Ms. Lesage informed the Tribunal that a draft procedural order has been prepared but not circulated and requested a five-day hearing for the appeals citing the need for a number of experts for the hearing. RPRA’s counsel Ms. Richler disagreed with the need for a five-day hearing as these proceedings relate to statutory non-compliance and expert’s evidence could be irrelevant.
3The Tribunal explained that in circumstances where there was no draft Procedural Order or Issues List or uncertainty of the number of witnesses, the Tribunal will normally not schedule any hearing dates.
4The Tribunal will schedule a CMC date for the appeal and direct the Draft Procedural Order with the Issues List to be forwarded to the Case Coordinator.
Mediation
5Parties’ counsels stated that they were in without prejudice discussions, and although open to mediation, there may not be commonality to resolve this matter through mediation.
DISPOSITION
6The Tribunal will schedule a CMC and directs the Appellants and RPRA to submit a Draft Procedural Order with an attached Issues List to the Case Coordinator by Friday, September 01, 2023.
CASE MANAGEMENT
7The CMC is scheduled to commence on Thursday, October 05, 2023 at 10 a.m. by Video Hearing.
8Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the even to test their video and audio connections:
https://meet.goto.com/370987861
Access Code: 370-987-861
9Parties 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
10Persons 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) 497-9391 or (Toll Free) 1-888-455-1389. The access code is 370-987-861.
11Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
12The Tribunal Orders that:
the Case Management Conference will commence at 10 a.m. by video on Thursday, October 05, 2023;
the Parties are to forward a Draft Procedural Order with the Issues List to the Case Coordinator on or before, Friday, September 01, 2023;
the Parties are to be ready to finalize the Procedural Order at the Case Management Conference.
13No further notice will be given.
14The Member is not seized.
“T.F. Ng”
T.F. NG
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.