Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 29, 2025
CASE NO(S).: OLT-25-000041
PROCEEDING COMMENCED UNDER section 100.1(7) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellants: See Attachment 1 - Appellant list
Respondent: Regional Municipality of Peel
Subject of appeal: Order to pay costs and expenses in relation to one or more spills of certain pollutants from underground storage tanks and/or related maintenance, fueling and repair equipment and facilities of a gas station operation
Property Address/Description: 7528 and 7536 Mayfield Road
Municipality/ Upper Tier: Caledon/Peel
OLT Case No.: OLT-25-000041
OLT Lead Case No.: OLT-25-000041
OLT Case Name: The Pioneer Group Inc. v. Peel (Regional Municipality)
Heard: April 17, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
The Pioneer Group Inc. and PEMI Management Inc.
Patrick G. Duffy Caroline Jordan (in absentia)
Castello-Franco One Limited, Sandra Kosec, Linda Riddoch, and Joseph Paul Martini
Paul E.F. Martin
Shell Canada Limited/Shell Canada Limitee
Alexander Steele
Jason Debattista.
Rosalind H. Cooper
Tru Value Fuels Ltd., Naotoshi Seko, and Alex Levitan
Naotoshi Seko*
1919124 Ontario Inc. and Karen MacArthur
David Steinberg
Regional Municipality of Peel
Gabrielle Kramer Franz Lopez
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON APRIL 17, 2025 AND ORDER OF THE TRIBUNAL
1This Decision arises from the first Case Management Conference (“CMC”) relating to appeals brought pursuant to s. 100.1(7) of the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended against the Municipal Order to Pay Costs (“Order”) issued by the Regional Municipality of Peel (“Municipality”) dated December 19, 2024. The appeals relate to three locations: 7528, 7536, and 11873 Mayfield Road in Caledon, Ontario.
2The Order concerns one or more spill(s) of certain pollutants from one or more underground storage tank(s) and/or related maintenance, fueling and repair equipment and facilities of a gas station operation located at 7528 and 7536 Mayfield Road.
3The following (collectively the “Appellants”) are appealing the Order:
a. The Pioneer Group Inc.
b. PEMI Management Inc.
c. Castello-Franco One Limited
d. Sandra Kosec
e. Linda Riddoch
f. Joseph Paul Martini
g. Shell Canada Limited/Shell Canada Limitee
h. Jason Debattista
i. Tru Value Fuels Ltd.
j. Naotoshi Seko
k. Alex Levitan
l. 1919124 Ontario Inc.
m. Karen MacArthur
STATUS REQUESTS
4The Tribunal received no requests for Party status or Participant status during the CMC.
OPPORTUNITIES FOR SETTLEMENT/MEDIATION
5The Parties indicated that they may be open to Tribunal-led mediation in the future. Some of the Appellants would be interested in mediation to address both a stay motion and the merits. The Municipality would consider mediation for the merits but not for a stay motion. The option of mediation should be raised following the hearing of a stay motion.
SCHEDULING
6As this matter is also a Civil Matter with the Ontario Superior Court (“OSC”), the Appellants requested a Motion Hearing to stay the proceedings until the OSC has a resolution.
7The Tribunal set a one-day Motion for Friday, October 10, 2025 at 10 am by Video Hearing.
8Following this, the Tribunal has set a 2nd CMC date for Monday, December 8, 2025 at 10 am by Video Hearing to set hearing dates and approve a procedural order. This date may be vacated depending on the outcome of the motion hearing.
9The hearings are scheduled to proceed by Video Hearing as follows:
Friday, October 10, 2025
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
Audio-only Telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889
Audio-only access code: 636-422-541
Monday, December 8, 2025
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-4293
Audio-only Telephone-line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889
Audio-only access code: 656-004-4293
10Parties are asked to log in to the event at least 15 minutes before the event begins to test their video and audio connections:
11Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The Access Code is as indicated above.
13Individuals 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 CMC 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
14THE TRIBUNAL ORDERS THAT:
this matter has been scheduled for a Motion Hearing as described above; and
this matter has been scheduled for a Case management Conference as described above.
“A. Snowdon”
A. SNOWDON
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.
ATTACHMENT 1
1The Pioneer Group Inc.
2PEMI Management Inc.
3Castello-Franco One Limited
4Sandra Kosec
5Linda Riddoch
6Joseph Paul Martini
7Shell Canada Limited/Shell Canada Limitee
8Jason Debattista
9Tru Value Fuels Ltd.
10Naotoshi Seko
11Alex Levitan
121919124 Ontario Inc.
13Karen MacArthur