Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 23, 2024
CASE NO(S).: OLT-23-000103
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: 642762 Ontario Inc. (File No. 007974)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant
Reference No.: 1-139396623
Property Address/Description: 10 Kingsmill Avenue
Municipality/Upper Tier: City of Guelph, County of Wellington
OLT Case No.: 23-000103
OLT Case Name: 642762 Ontario Inc. v. Ontario (Environment, Conservation and Parks)
Heard: October 21, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 642762 Ontario Inc. | Joanna Vince, Sydney Smith, John Georgakopoulos (in absentia) |
| Director, Ministry of the Environment, Conservation, and Parks | Nadine Harris |
| Electrolux Home Care Products Canada Inc. | Barry Weintraub |
| Florence Lane Residents Group Inc. | No Appearance |
| Corporation of the City of Guelph | Allison Thornton, Ian White (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON OCTOBER 21, 2024 AND ORDER OF THE TRIBUNAL
1This Decision arises from the third Case Management Conference (“CMC”) relating to appeals brought pursuant to s. 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended against the Director’s Order No. 1-139396623 (“Director’s Order”) issued by the Director, Ministry of the Environment, Conservation, and Parks (“MECP”) prescribing certain actions to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant in, on, or under the property municipally known as 10 Kingsmill Avenue, in the City of Guelph.
2The MECP has informed the Tribunal that the Director’s Order has been fulfilled and they are waiting for the 542762 Ontario Inc. (“Appellant”) to determine how they want to proceed with the appeal.
STATUS REQUESTS
3The Tribunal received no requests for Party status or Participant status during the CMC.
OPPORTUNITIES FOR SETTLEMENT/MEDIATION
4The Parties indicated that they have had some discussions regarding a settlement, but they are still preliminary. The Tribunal informed them that Tribunal-led mediation is available. The Parties informed the Tribunal that they may be open to it in the future.
NEXT STEPS
5At the CMC, the Appellant explained that following the exchange of documents, as directed at the CMC on September 12, 2024, new information has been brought to their attention. They stated that they are still assessing their path forward and are not ready to proceed. The Appellant requested additional time to continue their review of documents and to decide how they would like to proceed. On consent of the present Parties, the Tribunal granted the request.
6The Appellant could not say with confidence when they would be ready to proceed so the Tribunal directs this matter to be held in abeyance until such time as the Appellant contacts the Case Coordinator to request the scheduling of a subsequent CMC. If the Appellant has not done so by Friday, April 22, 2025, the Tribunal directs the Parties to provide a written status update.
ORDER
7The Tribunal directives set out above are so ordered.
8No further notice is required.
9The Member is not seized.
“A. Snowdon”
A. SNOWDON
MEMBER
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.