Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 29, 2024
CASE NO(S).: OLT-23-000646
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Orin Enterprises Inc. (File No. 008664)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: To remove demolition waste on the Site and return the Site to the conditions prior to the depositing of the waste
Reference No.: 1-206866403
Property Address: 8788 11th Line (Jessica’s Auto Wreckers)
Municipality/Upper Tier: Essa/Simcoe
OLT Case No.: OLT-23-000646
OLT Lead Case No.: OLT-23-000646
OLT Case Name: Orin Enterprises Inc. v. Ontario (Environment, Conservation and Parks)
BEFORE:
C. HARDY VICE-Chair
Monday, the 29th, day of April, 2024
THIS MATTER having come before the Tribunal, and a Procedural Order issued on March 21, 2024;
AND THE TRIBUNAL having received a request to amend the dates contained in the Procedural Order;
AND THE TRIBUNAL having granted the request for extension of time;
THE TRIBUNAL ORDERS that the Procedural Order contained in Attachment “A” replaces the Order issued on March 21, 2024 and will govern the processes and procedures leading up to and including the hearing scheduled to commence on September 16, 2024.
“Euken Lui”
EUKEN LUI REGISTRAR (A)
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.
Attachment “A”
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 29, 2024
CASE NO(S).: OLT-23-000646
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Orin Enterprises Inc. (File No. 008664)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Order of the Director
Description: To remove demolition waste on the Site and return the Site to the conditions prior to the depositing of the waste
Reference No.: 1-206866403
Property Address: 8788 11th Line (Jessica’s Auto Wreckers)
Municipality/UT: Essa/Simcoe
OLT Case No.: OLT-23-000646
OLT Lead Case No.: OLT-23-000646
OLT Case Name: Orin Enterprises Inc. v. Ontario (Environment, Conservation and Parks)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The hearing will begin on September 16, 2024, at 10:00 a.m. Orin Enterprises Inc. will provide a written request to the assigned Case Coordinator for an in person hearing to take place at the Ontario Land Tribunal, 655 Bay Street, 16th Floor, Toronto, Ontario by February 23, 2024.
The parties’ initial estimation for the length of the hearing is 7-10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
The parties shall provide all other parties a copy of every document in their possession or control relevant to the subject matter of the appeal (except privileged documents) on or before January 19, 2024.
Documentary production is to include an Index.
Any party wishing to bring a motion for production of documents and/or examination of a witness shall bring a motion by delivering a motion record and written argument. Any responding motion record or written argument shall be delivered. There is no cross-examination permitted on affidavits in support of the motion. Written argument shall not exceed twenty (20) pages in length. The Tribunal will determine when and if oral submissions are to be made.
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered April 19, 2024, and in accordance with paragraph 25 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field, if any, shall have a meeting on or before July 31, 2024, and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT Case Coordinator by August 30, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 16 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 16 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 16 below.
On or before June 28, 2024, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT Case Coordinator and in accordance with paragraph 25 below. Expert witness statements shall also include a copy of the expert’s Curriculum Vitae and the Acknowledgement of Expert Duty form signed by the expert.
On or before April 30, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 25 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before July 23, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before August 27, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT Case Coordinator a written response to any written evidence, including expert reports and witness statements, on or before 45 days prior to the start of the hearing and in accordance with paragraph 25 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT Case Coordinator, in both electronic and hard copy, by September 6, 2024.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 6, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any) to be addressed, the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy, unless otherwise directed by the Tribunal. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
ATTACHMENT 1
Party: Orin Enterprises Inc. Party Status: Appellant (Moving Party) Counsel / Representative: Torkin Manes LLP Barristers & Solicitors 151 Yonge Street, Suite 1500 Toronto, ON M5C 2W7 Ryan Hauk (56796W) rhauk@torkinmanes.com T: 416-643-8810 Luigi Iantosca (83040T) liantosca@torkinmanes.com T: 437-253-2748
Party: Director, Ministry of the Environment, Conservation and Parks Party Status: Respondent (Responding Party) Counsel / Representative: Legal Services Branch 10-135 St Clair Ave W Toronto, ON M4V 1P5 Sarah Valair (48432E) Sarah.Valair@ontario.ca T: 416 605 8281 Sarah Kromkamp (61579R) Sarah.A.Kromkamp@ontario.ca T: 647 649 0904
ATTACHMENT 2
ISSUES LIST
Are the materials found at the property municipally known as 8788 11 Line, Township of Essa, and also known as Part Lot 31, Concession 10, Township of Essa and legally described as Property Identity Number (PIN) 58101-0008R (the “Disposal Site”) considered “waste” as defined under s. 25 and R.R.O. 1990, Reg. 347 under the Act?
Is the material found at the Disposal Site from the Crosstown project at 844 Don Mills Road (the “Project”), and if not, were there other projects whereby materials were delivered to the Disposal Site?
Did Orin Enterprises Inc. (“Orin”) deposit, cause, permit or arrange for the deposit of any materials to the Disposal Site in accordance with section 40 of the Environmental Protection Act, R.S.O. 1990, c. E.19 (the “Act”); and
Should Orin, be responsible for clean up the materials found at the Disposal Site pursuant to the EPA and its regulations?
ATTACHMENT 3
ORDER OF EVIDENCE
- Orin Enterprises Inc.
- Director, Ministry of Environment, Conservation and Parks
- Orin Enterprises Inc., in Reply