Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 12, 2026

CASE NO(S).: OLT-25-000780

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

Referred by: Ministry of Natural Resources and Forestry

Objector: Bonny Bracken

Objector: Ihor & Heather Gawdan

Objector: Ministry of Natural Resources and Forestry

Objector: Nicole & Stephen Harder

Objector: Tess Gallagher

Applicant: Robinson Excavating and Trucking Co. Ltd.

Subject: Application for a Class A - Aggregate Licence Pit/Quarry Below Water

Description: Robinson Quarry

Reference Number: 626553

Property Address: PART OF LOT 3, CONCESSION 1, GEOGRAPHIC TOWNSHIP OF OSO

Municipality/UT: Central Frontenac/Frontenac

OLT Case No.: OLT-25-000780

OLT Lead Case No.: OLT-25-000780

OLT Case Name: Robinson Excavating and Trucking Co. Ltd. v. Ontario (Ministry of Natural Resources and Forestry)

Heard: February 2, 2026 by video hearing

APPEARANCES:

Parties	Counsel*/Representative
Robinson Excavating and Trucking Co. Ltd.	S. Putnam*
Ministry of Natural Resources	Z. D’Onofrio*
Bonny Bracken Ihor & Heather Gawdan Nicole & Stephen Harder Tess Gallagher	Self-Represented Did Not Appear Self-Represented Self-Represented

MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON FEBRUARY 2, 2026 AND ORDER OF THE TRIBUNAL

1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for the appeal by Robinson Excavating and Trucking Co. Ltd. (“Appellant”) pursuant to s. 11(5) of the Aggregate Resources Act (“ARA”) due to the Ministry of Natural Resources (“MNR”) referral of a Class ‘A’ licence application for the property municipally known as Part of Lot 3, Concession 1, Geographic Township of Oso (“Subject Lands”).

2The purpose of the CMC was to review the Objector statuses, review the proposed Procedural Order and to set a date for the next hearing events.

3For ease of reference, s. 11(5) and s. 11(6) of the ARA read as follows:

Referral to Tribunal

(5) The Minister may refer the application and any objections arising out of the notification and consultation procedures that are prescribed or set out in a custom plan to the Tribunal for a hearing, and may direct that the Tribunal shall determine only the issues specified in the referral.

Parties

(6) The parties to the hearing are,

(a) the applicant;

(b) the person who made the objection;

(c) the Minister, if he or she notifies the Tribunal of his or her intention to be a party; and

(d) such other persons as are specified by the Tribunal.

PROCEDURAL MATTERS

4The Tribunal reviewed the Notice of the CMC, which was served on December 2, 2025. As the Tribunal found that there no issues with the Notice, the Tribunal ruled that no further Notice is required.

BACKGROUND

5The purpose of the Class ‘A’ Application would permit the extraction of over 20,000 tonnes per year of unconsolidated material per year and permit a quarry licence for extraction below the water table. The Subject Lands currently operate with a Class ‘B’ licence which permits the extraction of under 20,000 tonnes per year of unconsolidated material.

OBJECTORS

6The Tribunal notes that a public meeting process had taken place concerning the application. The Tribunal confirms that the following were Objectors to the application and have met the criteria of an Objector before the Tribunal:

• Ministry of Natural Resources
• Bonny Bracken
• Ihor & Heather Gawdan
• Nicole & Stephen Harder
• Tess Gallagher

7The Tribunal did not receive any status requests prior to nor during the CMC. As Mr. and Mrs. Ihor & Heather Gawdan did not appear at the CMC, the Tribunal ruled that it would not make a decision on their status until the next hearing event. If the Gawdans do not respond to the Case Coordinator by the next hearing event, their Objector status could be revoked by the Tribunal.

PROCEDURAL ORDER

8The Tribunal received a draft Procedural Order (“PO”) from the Appellant prior to the CMC. The Tribunal reviewed the PO with the Parties and noted that the Issues List had not been finalized. Ms. Bracken acted as the lead representative for herself, Ms. Harder and Ms. Gallagher. Ms. Bracken stated that their issues could be resolved if they had access to the MNR’s file and their expert witness reports. Ms. Bracken requested that if the Objectors could review these files, then they may request to change their status from Objectors to Participants. This could eliminate their issues from the proposed PO.

9Out of an abundance of caution, and to give the self-represented Objectors the most fulsome of information to determine their status, the MNR confirmed with the Tribunal that it could provide the requested reports that were used in this application process to the other Objectors. Ms. Bracken stated that after reviewing these reports, the Objectors would then confirm their status request with the Tribunal within two weeks of receiving the MNR’s reports. The Tribunal agreed with this process and the timeline purposed.

SCHEDULING OF HEARINGS

10Due to the review time requested by the Objectors, the Tribunal has scheduled a second CMC to occur on Wednesday, March 4, 2026, at 10 a.m., by video conference. This CMC will be used to finalize the status of the Objectors and the PO and IL.

11Based on the number of witnesses purposed by the Parties, the Tribunal has scheduled a seven-day hearing to occur commencing on Tuesday, June 16, 2026, at 10 a.m., by video conference, for a duration of seven days.

12The hearings are scheduled to proceed by video as follows:

Wednesday, March 4, 2026 at 10 a.m. (1 day- (CMC)) GoTo Meeting: https://global.gotomeeting.com/join/909787981 Access code: 909-787-981

Audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389 Audio-only access code: 909-787-981

Tuesday, June 16, 2026 at [10 a.m.] (7 days (Merit Hearing)) GoTo Meeting: https://meet.goto.com/677087597 Access code: 677-087-597 Audio-only line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389 Audio-only access code: 677-087-597

13Parties and Objectors are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.

14Parties and Objectors 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

15Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line.

16Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

17As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.

ORDER

18THE TRIBUNAL ORDERS THAT there will be no further Notice, and orders its directions listed above. The Member is not seized but may be spoken to if procedural issues arise, schedule permitting.

“S. deBoer”

S. DEBOER 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.