Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 07, 2024
CASE NO(S).: OLT-23-000825
PROCEEDING COMMENCED UNDER subsection 100(4) of the Ontario Water Resources Act, R.S.O. 1990, c.O. 40
Appellant: 1000251411 Ontario Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Description: Appeal of Director’s Order to perform work with respect to sewage works
Reference Number: Director’s Order No. 1-225767755
Property Address: 4133 Hwy 101 W. (Pine Ridge Motel and Trailer Court)
Municipality/UT: City of Timmins/District of Cochrane
OLT Case No: OLT-23-000825
OLT Lead Case No: OLT-23-000825
OLT Case Name: 1000251411 Ontario Inc. v. Ontario (Environment, Conservation and Parks)
Heard: January 24, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Director, Ministry of the
Isabelle O’Connor, Sarah Kromkamp
Environment, Conservation
Parks
1000251411 Ontario Inc. and
Crystal Dolson*, Harpreet Gill*
Harpreet Gill
MEMORANDUM OF ORAL DECISION DELIVERED BY WARREN MORRIS ON JANUARY 24, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) relates to an appeal of the Director’s Order No. 1-225767755 dated August 18, 2023 (the “Order”). The Order requires the Appellants to retain the services of a qualified consultant to provide the supporting documentation required to apply for an Environmental Compliance Approval (“ECA”). The work relates to a private sewage works at the property that contains a 16-unit motel and 13 mobile homes.
2The CMC was scheduled for the purpose of setting a date and other procedural details related to the Appeal of the Order.
3At the CMC, there were no new requests for either party or participant status. The Ontario Land Tribunal (“OLT”) documents only had the corporate Appellant listed as an Appellant in this matter. Both the Appellants’ representative and the Director confirmed that Harpreet Gill, named in the Order, was also an Appellant in these proceedings. Also in attendance, at the CMC, were neighbouring property owners, Guy Trudel, Cathy Biederman and Katherine Litke, all of whom were attending only to observe the proceedings. As such, the Parties for this Appeal are the Appellants, 1000251411 Ontario Inc. and Harpreet Gill, and the Respondent (the “Director”).
4The Appellants’ representative, Crystal Dolson, made submissions that the Order, and consequently this Appeal, is unnecessary. Ms. Dolson stated that the Appellants intend to cease operating the motel and trailer park by November 2024, at which time, there would be no need to comply with the Order. To comply with the Order in the timelines specified would require significant expenditures, which would be of no benefit to a business that is shutting down. For this reason, the Appellants’ seek to extend the timelines in the Order to beyond the time the Appellants’ plan to remove/dismantle the septic system.
5Counsel for the Director, Isabelle O’Connor, stated that the timelines outlined in the Order are very generous, and she does not anticipate extending the timelines further. The currently operating septic system poses a risk, and the Appellants’ intention to cease and dismantle operating the business is only speculative at this time. As such, Ms. O’Connor proposes the Appeal move forward by setting hearing dates. In the event that the Appellants’ cease operations and dismantle the septic systems, the Director will address the situation at that time.
6The preliminary issues identified by the Parties include: i) Is it financially feasible for the Appellant to complete the work in the time frames contained in the Order?; and ii) Is an Environmental Compliance Approval (“ECA”) necessary in the circumstances?
7The Parties requested an adjournment for the purposes of attempting settlement negotiations, including approaching the OLT for Tribunal-assisted mediation. The adjournment will also allow the Appellant the opportunity to legally remove tenants on the property (Hearing scheduled for April 2024), and thereby will provide more certainty with respect to closing operations on the property.
FUTURE CASE MANAGEMENT CONFERENCE AND MERIT HEARING
8The Hearings are scheduled to proceed by video as follows:
Tuesday, May 28, 2024 at 11 a.m. (one-day CMC hearing)
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 979-388-733
Wednesday, August 14 and Thursday, August 15, 2024 at 10 a.m. (two-day Merit Hearing)
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 979-388-733
ORDER
9THE TRIBUNAL ORDERS THAT:
i. in addition to 1000251411 Ontario Inc., Harpreet Gill is also an Appellant and Party to this Appeal.
ii. a second Case Management Conference will take place on Tuesday, May 28, 2024, at 11 a.m.; and,
iii. a two-day hearing is to take place on Wednesday, August 14 and Thursday, August 15, 2024 at 10 a.m.. The Tribunal Member is not seized and no further notice will be given;
iv. the Parties are to continue to finalize the Procedural Order and file a copy with the Tribunal prior to the Case Management Conference, by no later than Friday, May 24, 2024.
“Warren Morris”
WARREN MORRIS
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.