Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 01, 2024
CASE NO(S).: OLT-23-000949
PROCEEDING COMMENCED UNDER subsection 100.1(7) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellants: Sharon Baker, Steve Baker, Tyler Baker, and Ssonix Products 2010 Inc.
Respondent: The Corporation of the City of St. Catharines
Description: Order to pay costs and expenses issued in relation to the prevention, elimination or amelioration of a spilled pollutant
Property Address: 20 Keefer Road
Municipality/Upper Tier: St. Catharines/ Niagara
OLT Case No.: OLT-23-000949
OLT Lead Case No.: OLT-23-000949
OLT Case Name: Baker v. St. Catharines (City)
Heard: July 15, 2024, by video conference
APPEARANCES:
| Parties | Counsel |
|---|---|
| Sharon, Steve & Tyler Baker and Ssonix Products 2010 Inc. | Jessica Boily, Adrian Cormier |
| City of St. Catharines | Richard Butler, Amanda Spitzig |
| Director, Ministry of the Environment, Conservation and Parks (“MECP”) | Sarah Valair |
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES AND DOUGLAS S. COLBOURNE ON MONDAY, JULY 15, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) regarding a Cost Recovery Order (“CRO”) under the Environmental Protection Act (“EPA”).
2On January 12, 2023, there was an explosion and fire at the Appellant’s property located at 20 Keefer Road in the municipality of St. Catharines. The City issued a CRO to the Appellants in the amount of $4,155,116.21 for City incurred expenses inter alia the emergency response, environmental investigations, containment and to address spill of approximately 11.5 million litres of contaminated douse water.
3The Appellants (Orderees) seek an order of the Tribunal to revoke the CRO in its entirety. Alternatively, revoking the CRO against the Bakers, amending the CRO to remove all costs and expenses for which there is no authority under s. 100.1 of the EPA and amending the CRO to reduce the amount payable by the Appellants in an amount to be determined.
NEXT STEPS
4The Tribunal heard submissions from Ms. Boily alleging deficiency in the City’s productions and thereby requested a Motion date to seek disclosure of additional documents and invoices primarily from First Response. As well, Ms. Boily requested an adjournment of the hearing dates to consider there is now significant delay as a result of not receiving full disclosure in a timely manner.
5Mr. Butler, on behalf of the City indicated that over 1300 documents have been provided to date representing invoices from First Response and work undertaken by the City to remediate the results of the fire and explosion site. He indicated that the City would continue to update the Appellants as invoices from Environmental Services and external contractors are received. However, he noted, the notion that there is another flood of documents to be disclosed is not the case.
6Given that the Merit Hearing is not scheduled until November 2024, Mr. Butler asserts there is no prejudice to the Appellants regarding continued disclosure. He added it is in the City’s right to amend the order to seek additional amounts as the City incurs additional costs for risk assessments, ongoing monitoring, and extensive remediation.
7Mr. Butler indicated the City’s position is that a Motion is not required. He further clearly stated that the City opposes any adjournment of the Merit Hearing.
8Ms. Valair, on behalf of MECP, indicated while the Ministry was not planning to participate, she would remain as a Participant.
9The Motion hearing is scheduled to proceed by video on Thursday, September 12, 2024 at 10 a.m.
10Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
11Parties 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
12Persons 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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 687-587-165.
13Individuals 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
14THE TRIBUNAL ORDERS that:
- A Motion for additional disclosure particulars is set for September 12, 2024 at 10 a.m. by video conference;
- Appellants’ Notice of Motion materials to be filed by August 21, 2024; and
- City’s Response to Motion materials to be filed by August 30, 2024.
15No further Notice shall be provided.
“Jackie Denyes”
JACKIE DENYES
MEMBER
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR/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.