Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 06, 2024
CASE NO(S).: OLT-24-000733
PROCEEDING COMMENCED UNDER subsection 91(2) of the Resource Recovery and Circular Economy Act, S.O. 2016, c. 12, Sched. 1.
Appellant: Casper Sleep Inc.
Respondent: Registrar, Resource Productivity and Recovery Authority
Subject: Appeal for an Administrative Penalty Order regarding contravention of sections 19 and 69 of O. Reg. 391/21: Blue Box
Reference Number: RPRA-0010
OLT Case No.: OLT-24-000733
OLT Lead Case No.: OLT-24-000733
OLT Case Name: Casper Sleep Inc. v. Ontario (Resource Productivity and Recovery Authority)
Heard: October 29, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Casper Sleep Inc. (“Appellant”)
Adil Aouad*
Resource Productivity and Recovery Authority (“RPRA”)
Emily Graham
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON OCTOBER 29, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This decision arises from the first Case Management Conference (“CMC”) for the above-noted matter. The Appellant has an appeal against the RPRA pursuant to 91(2) of the Resource Recovery and Circular Economy Act, S.O. 2016, c. 12, Sched. 1 (“Act”) against the decision and order regarding contravention of s. 19 and s. 69 of Ontario Regulation 391/21: Blue Box.
2The Tribunal recognized that Mr. Aouad, representing the Appellant, may not be familiar with the procedures of the Tribunal. The Tribunal encouraged Mr. Aouad to obtain clarity on the Tribunal’s Rules of Practice and Procedure, as well as the duties and obligations of a Party, and consult or seek legal counsel.
3Notice of this CMC was issued by the Tribunal on September 10, 2024, and no further notice is required.
4There were no requests for Party status.
5There were no requests for Participant status.
NEXT STEPS
6In advance of this CMC, Ms. Graham, Counsel for RPRA, circulated a draft Procedural Order and Issues List to the Applicant and submitted it to the Tribunal. The Tribunal notes that this document was not on consent of the Parties.
7Ms. Graham and Mr. Aouad concurred that prior to moving forward, further “off-line” discussions should be undertaken in an attempt to narrow the issues scope or move towards a settlement.
8The Parties were advised of the availability of Tribunal-assisted mediation and were further advised that they may reach out to the Case Coordinator for assistance should they wish to avail themselves of this resource in the future.
9The Tribunal determined that no further hearing date be set and that the Parties follow up with the Case Coordinator with a status update by Friday, December 13, 2024. This time will allow the Parties to initiate discussions and explore options.
ORDER
10The Tribunal Orders the directions contained in this Decision.
11The Member is not seized and may be spoken to through the Tribunal’s Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
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.