Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 23, 2024
CASE NO(S).: OLT-24-000428
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: P & R Contracting Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of Appeal: Order to remove the excavator from the property and to perform work to prevent, manage and remediate any spills or contaminant impacts to the environment when removing the excavator
Reference No.: 1-308664615
Property Address/Description: A flood plain of a tributary of McKellar Creek, west of Deadhorse Road in the Nipigon-Geraldton District (Crown land)
Municipality/Upper Tier: Thunder Bay District
OLT Case No.: OLT-24-000428
OLT Lead Case No.: OLT-24-000428
OLT Case Name: P & R Contracting Inc. v. Ontario (Environment, Conservation and Parks)
Heard: September 26, October 2, and October 16, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| P & R Contracting Inc. | Rene Larson |
| Director, Ministry of the Environment, Conservation and Parks | Nadine Harris, and Hannah Mariah West (articling student) |
MEMORANDUM OF ORAL DECISIONS DELIVERED BY HUGH S. WILKINS ON SEPTEMBER 26, OCTOBER 2, AND OCTOBER 16, 2024 AND ORDER OF THE TRIBUNAL
1On September 26, October 2, and October 16, 2024, the Tribunal convened Case Management Conferences (“CMCs”) in relation to the appeal brought by P & R Contracting Inc. (“Appellant”) of Order No. 1-308664615 (“Director’s Order”) issued by the Director, Ministry of the Environment, Conservation and Parks (“Director”) requiring the Appellant and Fred Paatz to remove an excavator and perform work to prevent, manage, and remediate any spills or impacts to the environment in the flood plain of McKellar Creek in the Nipigon-Geraldton District.
2The Appellant rented the excavator to Mr. Paatz, who allegedly left it semi-submerged on the flood plain of a tributary of McKellar Creek. Mr. Paatz is named as an Orderee, but he did not appeal the Director’s Order.
3At the CMCs, the Tribunal received updates on the status of the matter. It was reported by the Parties that Mr. Paatz was willing to retain a consultant to extract the excavator. A stay of the Director’s Order was granted by the Tribunal on June 4, 2024 to provide time for the excavator to be removed. The Director had hoped that this would be done by the end of September 2024. But it was not.
4At the CMC on September 26, 2024, the Tribunal directed that a further CMC would be held on October 2, 2024 at which a request by the Director, pursuant to s. 143(4) of the Environmental Protection Act, to have the stay lifted would be held. On September 27, 2024, the Appellant consented to having the stay lifted.
5At the CMC held on October 2, 2024, the Parties reported that progress was being made and that Mr. Paatz had retained a consultant to extract the excavator. A further CMC was scheduled for October 16, 2024 at which the Parties were to provide further updates.
6At the CMC held on October 16, 2024, the Director reported that the excavator had been extracted from the flood plain and that all of the requirements in the Director’s Order has been satisfied. The Appellant stated that it wished to withdraw the appeal.
7Later, on October 16, 2024, the Tribunal received written correspondence from the Appellant withdrawing the appeal.
8With the fulfillment of all of the requirements in the Director’s Order and the withdrawal of the appeal, the Tribunal finds that it is in the public interest to dismiss the proceeding and close the file.
ORDER
9THE TRIBUNAL ORDERS THAT the appeal is dismissed and the file is closed.
“Hugh S. Wilkins”
HUGH S. WILKINS
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.