Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 01, 2024
CASE NO(S).: OLT-23-000830
PROCEEDING COMMENCED UNDER subsection 139(1)(e) of the Environmental Protection Act, R.S.O. 1990, c. E.19
Appellant: 117 Disco Road Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject: Revocation of an Environmental Compliance Approval
Description: Director revoked the Environmental Compliance Approval
Reference Number: ECA 1667-CPWU3Z
Property Address: 117 Disco Road
Municipality/UT: Toronto / Toronto
OLT Case No.: OLT-23-000830
OLT Lead Case No.: OLT-23-000830
OLT Case Name: 117 Disco Road Inc. v. Ontario (MECP)
Heard: July 10, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Director, Ministry of the Environment, Conservation and Parks
Sarah Valair Alexandra Mingo
117 Disco Road Inc.
Maurizio Marchioni
DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1This Decision arises from a hearing (the “Hearing”) before the Ontario Land Tribunal (the “Tribunal”) regarding an appeal by 117 Disco Road Inc. (the “Appellant”) concerning the revocation order issued by the Ministry of the Environment, Conservation and Parks (“MECP”) with respect to Environmental Compliance Approval No. 1667-CPWU3Z (the “ECA”) for the operation of a non-hazardous solid waste transfer facility at the property located at 117 Disco Road, in the City of Toronto.
2The ECA was originally issued on April 12, 2023, and was revoked by the MECP on August 11, 2023, pursuant to a third-party appeal process conducted under Section 38 of the Environmental Bill of Rights, 1993, S.O. 1993, c. 28. The reasons for the revocation included allegations of historical environmental non-compliance and/or lack of cooperation by one or more directors and officers of the Appellant.
RECORDING REQUEST
3At the Hearing, the Director of the MECP (the “Respondent”) requested that the Hearing be recorded. The Director further confirmed that:
(i) Victory Verbatim, a court reporting service, would be in attendance to record the entire Hearing (and not only a portion thereof);
(ii) The recording would be at the sole expense of the Respondent; and
(iii) The Respondent will comply with Rule 22.9 of the Tribunal’s Rules of Practice and Procedure (the “Tribunal Rules”) with regard to the provision of copies of the transcript of the Hearing to the Tribunal and the other parties to these proceedings.
4On the basis of the foregoing, the Tribunal approved the recording of the Hearing pursuant to Rule 22.8 of the Tribunal Rules.
WITHDRAWAL OF APPEAL
5The parties presented their opening statements, and the Appellant subsequently proceeded to call Mr. Gordon Whalen as its first witness. During the course of cross-examination of Mr. Whalen, counsel for the Appellant advised that he had received instructions to withdraw the appeal. The Hearing was adjourned, and the Appellant subsequently submitted an email to the Tribunal confirming its request to withdraw the appeal.
ORDER
6The Tribunal orders that the recording of the Hearing is permitted pursuant to Rule 22.8 of the Tribunal’s Rules of Practice and Procedure.
7THE TRIBUNAL FURTHER ORDERS that this appeal is withdrawn, upon being advised of the consent of the Appellant, 117 Disco Road Inc.
“Jennifer Campbell”
JENNIFER CAMPBELL
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.