Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 21, 2024

CASE NO(S).: OLT-23-000902

PROCEEDING COMMENCED UNDER subsection 8(1) of the Oil, Gas and Salt Resources Act, R.S.O. 1990, c. P.12, as amended

Applicant: Den-Mar Brines Limited

Respondent: Jan Venclik

Description: Application for an order to pool the oil and gas interests within a spacing unit for the purposes of drilling a brine well

Proposed Well Site: DENMAR #22, SARNIA 5-12-V

Location: Tract 5, Lot 12, Concession 5

Municipality: Sarnia/Lambton County

OLT Case No.: OLT-23-000902

OLT Lead Case No.: OLT-23-000902

OLT Case Name: Den-Mar Brines Limited v. Venclik

Heard: February 12, 2024 by Video Hearing

APPEARANCES:

Parties Den-Mar Brines Limited Jan Venclik

Counsel/Representative* Ciara Pittam* Eva Brogden

MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON FEBRUARY 12, 2024 AND ORDER OF THE TRIBUNAL

1This first Case Management Conference (“CMC”) was conducted for the Application by Den-Mar Brines Limited (“Applicant”) under s. 8(1) of the Oil, Gas and Salt Resources Act, R.S.O. 1990, c. P.12, as amended (“OGSRA”) for a Pooling Order (“Order”).

2The lands subject to this Application are located at 1808 Confederation Line, in the City of Sarnia, with a legal description of PT LT 12, CON 5, Sarnia Township, PT 1 25R4955; S/T Interest In L895888 (“Subject Property”).

3The Tribunal recognized that Eva Brogden, the Representative of Jan Venclik (“Respondent”), may not be familiar with the procedures of the Tribunal and provided general guidance regarding the Tribunal and the proceedings before it, the role and obligations of a representative, to act as the Party’s representative and not as a party in their own right and advocating for their own interests.

4The Tribunal reviewed the roles and obligation of a party under Rule 8 of the Tribunal’s Rules of Practice and Procedure (“Rules”). The Tribunal explained the difference between a party and a participant.

5The Tribunal was advised that the Respondent may seek legal counsel.

6The Tribunal informed the Parties that Tribunal decisions are based on objective evidence provided by expert witnesses, reports or studies that can be tested. The Tribunal encouraged the Respondent to consult or seek legal counsel.

7Notice for this Hearing was provided by the Tribunal on January 8, 2024. No further notice is required.

8Prior to this CMC, there were requests for both Participant and Party status made by the Applicant, Respondent and their representative and potential witnesses. Based on the clarity provided by the Tribunal on the roles and obligations of a party and a participant, it was determined by both the Applicant and the Respondent that the requests for Party or Participant Status need not proceed.

9The Parties were advised that a draft Procedural Order (“PO”) and scoped Issues List (“IL”) would be required prior to the setting of a hearing of the merits. The Applicant committed to working with the Representative of the Respondent to prepare the PO and IL on consent.

10The Parties were advised of the availability of Tribunal-assisted mediation and are further reminded that they may reach out to the Case Coordinator for assistance, should they wish to avail themselves of this resource in the future.

11The Tribunal directed that a PO and scoped IL on consent, be submitted to the Case Coordinator no later than Monday, March 25, 2024. This will allow the Parties time to continue discussions and provide time for the Respondent to consult or seek legal counsel.

12The Tribunal set a second CMC for Wednesday, April 3, 2024 at 10 a.m. by video hearing.

13Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:

https://global.gotomeeting.com/join/719383509

Access code: 719-383-509

14Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

15Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1(647) 497-9373. The access code is as indicated above.

16Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case

ORDER

17THE TRIBUNAL ORDERS the directions contained in this Decision.

18There will be no further notice.

19The 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.