Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 06, 2024
CASE NO(S).: OLT-24-000641
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: Laplante Poultry Farms Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to retain and have a Qualified Person engineer and reinstall the main process building biofilter, submit a plan to assess the sources of air emissions and prepare a complete inventory of all potential sources of contaminants that discharge to air
Reference No.: 1-315703083
Property Address/Description: 17141 Rombough Road
Municipality: Township of North Stormont
Upper Tier: United Counties of Stormont, Dundas and Glengarry
OLT Case No.: OLT-24-000641
OLT Lead Case No.: OLT-24-000641
OLT Case Name: Laplante Poultry Farms Ltd. v. Ontario (Environment, Conservation and Parks)
Heard: September 3, 2024 by Telephone Conference Call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Laplante Poultry Farms Ltd. | (Unrepresented) |
| Director, Ministry of the Environment, Conservation and Parks | Sarah Kromkamp Shane Sukerman Hannah West (Articling Student) |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON SEPTEMBER 3, 2024 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Telephone Conference Call (“TCC”) on September 3, 2024 regarding this proceeding brought under s. 140(1) of the Environmental Protection Act (“EPA”) in Tribunal Case No. OLT-24-000641. The proceeding arises from the issuance of a Director’s Order (Number 1-35703083) by the Director, Ministry of the Environment, Conservation and Parks regarding work ordered pursuant to s.157.3(5)(b) of the EPA at Laplante Poultry Farms Ltd. (“Appellant”) located at 17141 Rombough Road, Monkland, in the Township of North Stormont.
2At the TCC, the issue of the Appellant’s representation by Mr. Marco Vincelli was raised. The Tribunal was in receipt of a letter from Mr. Robert Laplante, owner of Laplante Poultry Farms Ltd., authorizing Mr. Vincelli to act as the representative for the Appellant. Mr. Vincelli is a consultant with EVB Engineering and does not hold a Class P1 licence issued by the Law Society of Ontario pursuant to the Law Society Act. The Law Society Act and By-law 4 of the Law Society of Ontario’s by-laws provide the framework that prevents any lay person from providing “legal services” to another. The exception to providing legal services without a Class P1 licence is contained in s.30 of By-law 4, which provides:
The following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide:
An individual, i. whose profession or occupation is not and does not include the provision of legal services or the practice of law, ii. who provides the legal services only for and on behalf of a friend or a neighbour, iii. who provides the legal services in respect of not more than three matters per year, and iv. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services.
Mr. Vincelli confirmed that he does not meet this exemption and cannot represent the Appellant. Mr. Laplante was present at the TCC and informed the Tribunal that he required time to consult with legal counsel regarding representation and next steps in this proceeding. Mr. Laplante informed the Tribunal that he would require two weeks to discuss this matter with legal counsel. A second TCC shall be scheduled after Mr. Laplante has had the opportunity to consult with legal counsel.
Pending the hearing of this appeal, the Parties were encouraged to consider Tribunal-led mediation.
ORDER
3THE TRIBUNAL ORDERS THAT:
The Appellant shall contact the Case Coordinator by September 20, 2024 to schedule a further Telephone Conference Call to be held on a date mutually agreeable to the Parties.
The Member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.