Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 29, 2024
CASE NO(S).: OLT-23-001041
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E. 19
Appellant: 1000054177 Ontario Inc.
Respondent: Ministry of Environment, Conservation and Parks
Subject: Order of the Director
Description: Appealing the Work Plan to remove underground fuel tanks and piping at a Gas Bar
Reference Number: 1-226836053
Property Address: 51 Notre Dame Street West
Municipality/UT: Greater Sudbury/Sudbury
OLT Case No: OLT-23-001041
OLT Lead Case No: OLT-23-001041
OLT Case Name: 1000054177 Ontario Inc. v. Ontario (MECP)
Heard: January 23, 2024 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Director, Ministry of the Environment, Conservation and Parks ("Director") | Amanda Landre* |
| 1000054177 Ontario Inc. ("Appellant") | Jennifer Halajian*, Harpreet Gill, Crystal Dolson |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON JANUARY 23, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from a second case management conference ("CMC") concerning an appeal by the Appellant of Order No. 1-226836053 issued by the Director for a site located at 51 Notre Dame Street West, in the City of Greater Sudbury. The appeal was filed pursuant to section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended.
2At the first CMC held on December 1, 2023, the Tribunal (by a Panel differently constituted) denied the Appellant's Motion for an interim stay pending the outcome of a Stay Motion and set the Stay Motion to be heard on Tuesday, February 20, 2024, at 10 a.m. by video.
3The purpose of this second CMC was to further organize the appeal.
NOTICE
4Notice of this second CMC was sent administratively by the Tribunal on November 20, 2023.
STATUS REQUESTS
5Kayla Carrière had filed a written request to be a Participant in this proceeding. Given that Ms. Carrière wished to merely observe the proceeding and not to take a position, the Tribunal directed instead that she be added by the Tribunal's case co-ordinator as an interested person.
6There were no other requests for Party or Participant Status.
SCHEDULING OF HEARING
7The Tribunal was informed of certain developments since the first CMC which may result in the Appellant withdrawing its appeal. As a result, the Tribunal directed the Appellant to inform the Tribunal by no later than Friday, February 9, 2024 whether it intends to continue with its appeal.
8If the appeal is not withdrawn, the Stay Motion will be considered as directed in the first CMC decision, and filing deadlines are to be respected accordingly.
9Similarly, if the appeal is not withdrawn, the Tribunal directed the Appellant to file with the Tribunal a draft Procedural Order, including an issues list, on of before Friday, February 9, 2024. The Appellant was directed to consult Counsel for the Director, well before that date, as to the content of the draft Procedural Order.
10Having consulted the Parties on their availabilities, the Tribunal directed that a one-day hearing on merits of the appeal be held on Tuesday, May 21, 2024, at 10 a.m. by video.
11Parties 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/709076365
Access Code: 709-076-365
12Parties 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
13Persons 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.
14Individuals 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
15The Tribunal orders its directions in this Decision.
"Jean-Pierre Blais"
JEAN-PIERRE BLAIS 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.