Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 31, 2023
CASE NO(S).:
OLT-23-000646
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended
Appellant:
Orin Enterprises Inc. (File No. 008664)
Respondent:
Director, Ministry of Environment, Conservation and Parks
Subject of appeal:
To remove demolition waste on the Site and return the Site to the conditions prior to the depositing of the waste
Reference No.:
1-206866403
Property Address/Description:
8788 11th Line (Jessica’s Auto Wreckers)
Municipality/Upper Tier:
Essa/Simcoe
OLT Case No.:
OLT-23-000646
OLT Lead Case No.:
OLT-23-000646
OLT Case Name:
Orin Enterprises Inc. v. Ontario (Environment, Conservation and Parks)
Heard:
July 27, 2023 by Telephone Conference Call
APPEARANCES:
Parties
Counsel
Director, Ministry of the Environment, Conservation and Parks
Isabelle O’Connor
Orin Enterprises Inc.
Ryan Hauk
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS on JULY 27, 2023 and order of the tribunal
1This Decision arises from a Case Management Conference (“CMC”) related to an appeal of the Director’s Order 1-206866403 dated June 21, 2023 (the “Order”). The Appellant, Orin Enterprises Inc., filed a motion to stay the requirements of the Director’s Order. The CMC was scheduled for the purpose of setting a date and other procedural details related to the hearing of the stay motion.
2At the CMC, the Director stated that it consented to granting the motion to stay the Director’s Order pending the resolution of the appeal. The Director stated that it was not concerned that the Tribunal would be constrained from granting a stay due to the prohibitions in section 143(3) of the Environmental Protection Act.
3The Tribunal considered the Parties’ request and agreed that the motion for the stay be granted, without the need for a motion hearing. The Parties stated that Counsel had been communicating well and intended to contact the Tribunal’s Case Coordinator with respect to setting a CMC date to deal with procedural issues related to the appeal itself.
ORDER
4The Tribunal orders that the motion brought by Orin Enterprises Inc. be granted, on consent, and that the Director’s Order, as it applies to the Appellant, is hereby stayed pending resolution of this appeal.
“Warren Morris”
WARREN MORRIS
HEARING OFFICER
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.