Ontario Land Tribunal
Issue Date: September 25, 2024
Case No(s).: OLT-23-000103
Proceeding Commenced Under section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellant: 642762 Ontario Inc. (File No. 007974)
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to perform work to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant
Reference No.: 1-139396623
Property Address/Description: 10 Kingsmill Avenue
Municipality/Upper Tier: City of Guelph, County of Wellington
OLT Case No.: 23-000103
OLT Case Name: 642762 Ontario Inc. v. Ontario (Environment, Conservation and Parks)
Heard: September 12, 2024 by Video Hearing
Appearances
| Parties | Counsel |
|---|---|
| Director, Ministry of the Environment, Conservation and Parks | Nadine Harris |
| 642762 Ontario Inc. | John Georgakopoulos |
| City of Guelph | Allison Thornton Ian White |
| Electrolux Home Care Products Canada Inc. | No appearance |
| Florence Lane Residents Group Inc. | No appearance |
Memorandum of Oral Decision Delivered by F. Lavoie on September 12, 2024 and Order of the Tribunal
Introduction
1This Decision arises from the second Case Management Conference ("CMC") regarding an Appeal brought by 642762 Ontario Inc. ("Appellant") pursuant to s. 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended against the Director's Order No. 1-139396623 ("Director's Order") issued by the Director, Ministry of the Environment, Conservation, and Parks ("MECP") prescribing certain actions to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant in, on, or under the property municipally known as 10 Kingsmill Avenue, in the City of Guelph ("City").
2The Appellant explained to the Tribunal that they had just received, the week prior, the MECP's review of a technical report submitted to the MECP by the Appellant pursuant to Item No. 7 of the Director's Order. Counsel to the Appellant advised it was currently assessing the path forward for its appeal and requested the scheduling of a further CMC next month to allow the Appellant time to consult with their advisors. Counsel to the Director, MECP and the City consented to a third CMC in a month and requested that all Parties exchange up-to-date documents, following the last document exchange in December 2023. The Appellant did not object to this further exchange.
3The Tribunal directs the Parties to provide all other parties, on or before Friday, October 11, 2024, a copy of every document that is in their possession, control, or power relevant to the subject matter of the appeal, which has not yet been provided pursuant to the previous exchange in December 2023.
Scheduling the Third CMC
4A third CMC will commence on Monday, October 21, 2024 at 10 a.m. by Video Hearing.
5Parties and Participant 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:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
6Parties and Participant 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 GoTo Meeting or a web application is available at: https://app.gotomeeting.com/home.html
7Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is as indicated above.
8Individuals 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
9The Tribunal orders the following:
i. A Case Management Conference will commence on the date set out in Paragraph [4] of this Decision; and
ii. The directions in this Decision.
10There will be no further notice and this Member is not seized.
"F. Lavoie"
F. LAVOIE
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.