Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 31, 2024
CASE NO(S).: OLT-23-000712
PROCEEDING COMMENCED UNDER section 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.13.
Referred by: Katie O'Connell
Objector: See Schedule A
Subject: Application for a Class "A" license
Description: To permit the operation of a quarry above the groundwater level.
Reference Number: Licence No. 626565
Property Address: Part of Lot 10 & 11, Concession 9, Ferris Township
Municipality/UT: East Farris/Nipissing
OLT Case No.: OLT-23-000712
OLT Lead Case No.: OLT-23-000712
OLT Case Name: Amyotte v. East Farris (Municipality)
Heard: Friday, January 12, 2024
APPEARANCES:
Parties
Counsel
1851477 Ontario Inc.
C. Emmett
MEMORANDUM OF ORAL DECISION DELIVERED BY J. DENYES AND D.S. COLBOURNE ON FRIDAY, JANUARY 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) commenced in this matter.
2Ms. C. Emmett for the Applicant 1851477 Ontario. Inc. was present and addressed the Tribunal. Ms. Emmett advised the Tribunal that Counsel Ms. Libman is no longer retained and representing Residents opposed to Quarry Expansion ("ROQE"). She advised that ROQE are self-represented at this time. When queried by the Tribunal, she advised she was unsure whether ROQE is incorporated or not.
3Ms. Emmett further advised that she received confirmation Monday, December 18, 2023 confirming that the Municipality of East Ferris has withdrawn as an Objector. She also conveyed that the Ministry of Natural Resources and Forestry, through correspondence Friday, December 22nd, 2023, advised that their matters have also been resolved.
4Objector David Boland, through email Thursday, January 11, 2024, requested an indeterminant adjournment of this CMC due to an emergent family health issue.
5The Tribunal decided to proceed with today's CMC despite the request from Mr. Boland to adjourn as today's hearing was a matter of setting procedural dates and the Memorandum of Oral Decision would make Mr. Boland aware of the upcoming next date.
6Ms. Emmett voiced concern that some of the issues raised by ROQE are not within the jurisdiction of the Tribunal. She indicated that once the Applicant receives the Issues List from the Objectors, the Applicant would be in a position to finalize the Procedural Order.
7Ms. Emmett advised that this matter is set for a five (5) day Merit Hearing commencing Monday, April 29th, 2024 at 10 a.m. However, with the withdrawal by the Municipality and the Ministry, it is probable that the five (5) days set aside for the Merit Hearing may not be required.
8Parties and participants 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/765631861
Access code: 765-631-861
9Parties and participants 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
10Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is same as mentioned above.
11Individuals 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.
8The Tribunal confirmed that ROQE will provide the Issues List to Ms. Emmett on or before Thursday, February 8th, 2024. Following delivery of the Issues List from the Objectors, the Applicant will provide the Procedural Order and Witness List to the Tribunal.
ORDER
9This matter is adjourned directly to Monday, April 29th, 2024 at 10 a.m. for a five (5) day Merit Hearing.
“Jackie Denyes”
JACKIE DENYES
MEMBER
“Douglas S. Colbourne”
DOUGLAS COLBOURNE
VICE-CHAIR
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.
SCHEDULE A
OBJECTORS
Name
Brad Amyotte
David and Suzanne Boland
Peter Cozac
Jason and Natalie Ducharme
Charlotte and Robert Gaudreau
Ministry of Natural Resources and Forestry (MNRF)
Municipality of East Farris
Ken Judd
Pam and Shawn Nelson
Erin Pitkethly
Jesse- Rae Roesner
ROQE
Cindy Simis
St. Onge, Michelle and Daniel```