Ontario Land Tribunal
Issue Date: November 18, 2024
Case No(s).: OLT-24-000913
Proceeding Commenced Under section 11(7) of the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended
Referred by: Ferma Aggregates Inc.
Subject: Application for Class A license
Description: To permit the removal of aggregate from subject lands
Reference Number: 16-OP-0036-A04
Property Address: Part of Lots 6, 7, 10 & Lots 8, 9
Municipality/UT: Kawartha Lakes/ Kawartha Lakes
OLT Case No.: OLT-24-000914
Legacy Case No.: PL990453 (M990056)
OLT Lead Case No.: OLT-24-000913
Legacy Lead Case No.: PL990453 (O000005)
Heard: October 22, 2024 by Video Hearing
APPEARANCES
| Parties | Counsel |
|---|---|
| Ferma Aggregates Inc. | M. Kemerer |
| City of Kawartha Lakes | C. Loopstra |
DECISION DELIVERED BY S. TOUSAW AND L.P. YOU AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference was convened at the request of Ferma Aggregates Inc. (“Appellant”) to address the haul route condition arising from the Ontario Municipal Board Decision PL990453 (“OMB Decision”) approving the Appellant’s quarry in the City of Kawartha Lakes (“City”).
PARTY POSITIONS
2The Appellant requests further adjudication by the Tribunal to address the disputed haul route condition, noting that the OMB Decision allows the Tribunal to be spoken to should the need arise. Rule 24.2 of the Tribunal’s Rules of Practice and Procedure (“Rules”) give the Tribunal the discretion to reopen a hearing related to a temporal condition. The Appellant argues that the Tribunal’s jurisdiction is founded in the OMB Decision and that a Motion for such request is not required.
3The City responds that the Appellant accepted the required haul route at the OMB Hearing, but the associated agreement was never signed by the Appellant. The Appellant pursued a court proceeding which remains open today. The haul route was established through the OMB Decision and the Tribunal has no jurisdiction to consider changing those findings today. Should the Appellant wish to proceed, the City requests a Motion hearing.
FINDINGS
4The Tribunal finds that the Appellant’s request should proceed by written Motion in accordance with Rule 10. The Tribunal’s jurisdiction is a fundamental matter that warrants full review via Motion. On the precautionary principle, a Motion Hearing will ensure an open, due process for the Appellant’s request on a procedural matter. The questions to be addressed include: jurisdiction; due process; and a re-hearing on the merits vs. amending a condition.
5The Parties are aware of Tribunal-led mediation should they wish to pursue settlement discussions.
6A written Motion Hearing will ensue, and the Parties may also request an oral Hearing by video conference.
ORDER
7THE TRIBUNAL ORDERS that Ferma Aggregates Inc. file a written Motion, should it wish to proceed.
8The Panel is not seized but may hear the Motion should the Calendar permit.
“S. Tousaw”
S. TOUSAW
VICE CHAIR
“L.P. You”
L.P. YOU
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.