Gerry Crepin Cartage Limited et al. v. Ontario (Ministry of Natural Resources and Forestry), 2024 CanLII 97545

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 3, 2024

CASE NO.: OLT-24-000361

PROCEEDING COMMENCED UNDER subsection 11(11) of the Aggregate Resources Act, R.S.O. 1990, c. A.8.

Applicant: Gerry Crepin Cartage Limited

Appellant: Chris and Lyndsay Rajaram

Appellant: Janet and Gerald VanBokhorst

Appellant: Jenn and Scott Gordon

Appellant: Laird Hugh and Elizabeth Diane Roddick

Appellant: Terri and Ben Leach

Appellant: Trinity Bible Church of Ottawa

Subject: Referral of refusal of Aggregate pit

Description: Crepin Reid Mills Pit

Reference Number: Licence Application # 626512

Property Address: 4248 Stagecoach Road

Municipality/UT: Ottawa/Ottawa

OLT Case No: OLT-24-000361

OLT Lead Case No: OLT-24-000361

OLT Case Name: Gerry Crepin Cartage Limited et al. v. Ontario (Ministry of Natural Resources and Forestry)

BEFORE:

A. SNOWDON MEMBER

Tuesday, the 3rd day of October, 2024

THIS MATTER having come before the Tribunal for a Case Management Conference, and the Tribunal in its Decision issued August 16, 2024;

AND THE TRIBUNAL having been advised on August 30, 2024 that the parties have resolved the draft Procedural Order and Issues list on consent;

THE TRIBUNAL ORDERS that the Procedural Order attached to this Order as Schedule “A” shall be in force and effect for the purposes of governing the procedures leading up to and including the hearing, which is scheduled to commence on Monday, February 3, 2025 at 10:00 AM for 5 days to proceed by video as follows:

Go To Meeting: https://global.gotomeeting.com/join/442599157

Access Code: 442-599-157

Audio-only telephone line: Toll Free 1-888-455-1389 or (647) 497-9391

Audio-only access code: 442-599-157

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal Website: 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”

ISSUE DATE: September 18, 2024 CASE NO(S).: OLT-24-000361

PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8.

Applicant: Gerry Crepin Cartage Limited

Objector: Chris Rajaram and Lyndsay Rajaram

Objector: Janet VanBokhorst and Gerald VanBokhorst

Objector: Jenn Gordon and Scott Gordon

Objector: Laird Hugh Roddick and Elizabeth Diane Roddick

Objector: Terri Leach and Ben Leach

Objector: Trinity Bible Church of Ottawa

Subject: Application for a Category 1 - Class “A” licence

Description: To operate a pit (Crepin Reid Mills Pit)

Reference Number: Licence Application # 626512

Property Address: 4248 Stagecoach Road / Pt W ½ Lot 40, Concession 2, Geographic Township of Osgoode

Municipality: City of Ottawa

OLT Case No: OLT-24-000361

OLT Lead Case No: OLT-24-000361

OLT Case Name: Gerry Crepin Cartage Limited v. Ontario (Ministry of Natural Resources and Forestry)

1. The Tribunal may vary or add to these rules at any time, either on request or as it sees fit. It may alter this Order by an oral ruling, or by another written Order.

Organization of the Hearing

2. The hearing will begin on February 3, 2025 at 10 am, by video hearing.

3. The length of the hearing will be 5 days. The length of the hearing may be shortened as issues are reordered as settlement is achieved.

4. The parties and participants identified at the case management conference are set out in Attachment 1.

5. The Issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on consent or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

Requirements Before the Hearing

8. The objectors shall, no later than October 28, 2024, provide to the Tribunal, the other parties and to the municipal clerk a list of the witnesses and the order in which they will be called. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

9. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in section [11]. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

10. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in section [11]. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in section [11].

11. No later than October 28, 2024, the objectors shall provide copies of any witness statements, including expert witness statements and their own statements, to the other parties and to the municipal Clerk of the City of Ottawa.

12. The Applicant shall, no later than December 12, 2024, provide to the Tribunal, the other parties and to the municipal clerk a list of the witnesses and the order in which they will be called, and shall provide copies of all witness statements to the other parties and to the municipal Clerk of the City of Ottawa.

13. Any participant, if applicable, shall provide copies of their written participant statement to the other parties. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. On or before December 30, 2024, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

15. On or before January 14, 2025, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal.

See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

17. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

18. The Applicant shall prepare and file a draft hearing plan with the Tribunal a proposed schedule for the hearing on or before January 24, 2025. The Objectors will cooperate to provide the Applicant with all information required to complete the draft hearing plan in an expeditious manner. The draft hearing play will identify, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

19. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

20. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

Attachment 1

LIST OF PARTIES

Gerry Crepin Cartage Limited

Chris Rajaram and Lyndsay Rajaram

Janet VanBokhorst and Gerald VanBokhorst

Jenn Gordon and Scott Gordon

Laird Hugh Roddick and Elizabeth Diane Roddick

Terri Leach and Ben Leach

Trinity Bible Church of Ottawa

Attachment 2

LIST OF ISSUES

1. Does the proposed pit have regard for the matters of provincial interest set out in Section 12(1) of the Aggregate Resources Act R.S.O 1990, c.A.8?;

2. As per s. 12(1) (b) & (k) of the Aggregate Resources Act R.S.O 1990, c.A.8, are the proposed hours of operation reasonable given the proximity to the neighboring residential and commercial properties?

3. As per s. 12(1) (a), (b) & (k) of the Aggregate Resources Act R.S.O 1990, c.A.8, does the proposed Site Plan, and the conditions thereto, provide reasonable and adequate mitigation with respect to noise, dust, and vibrations occurring from the neighboring operation, in accordance with provincial standards and requirements?

4. As per s. 12(1) (a), (b), (h) & (k) of the Aggregate Resources Act R.S.O 1990, c.A.8, will additional vehicular traffic result in any undue adverse effects in the area that are not in accordance with provincial standards and requirements?

5. Does the proposed Site Plan, and the conditions thereto, appropriately address concerns relating to the quantity and quality of well water in the vicinity of the proposed operations as per s. 12(1) (b), (e) & (k)) of the Aggregate Resources Act R.S.O 1990, c.A.8?

6. As per s. 12(1) (b), (e) & (k) of the Aggregate Resources Act R.S.O 1990, c.A.8, will the proposed operation result in undue groundwater issues for surrounding lands?

7. As per s. 12(1) (k) of the Aggregate Resources Act R.S.O 1990, c.A.8, should any other conditions be attached to the proposed Site Plan?

8. Has the Applicant addressed the matters to be considered under s.12(1) (a), (b) & (d) of the Aggregate Resources Act R.S.O 1990, c.A.8, regarding the natural deciduous woodland and amphibian wildlife to the north (North-East corner)?

• Note: The identification of an issue on this list does not mean that all Parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the Hearing. It will be for the Tribunal member hearing those arguments to determine if the issue is appropriate for the hearing.

Any Party may call or not call evidence on any issue; however, no Party is obligated to call evidence on any particular issue or every issue.

Attachment 3

ORDER OF EVIDENCE

1. Overview of application/site context by Applicant witness. Not subject to cross-examination;

2. Objectors;

3. Applicant