Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 12, 2026
CASE NO(S).: OLT-22-003335
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellants: Don McCaig, 1767158 Ontario Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant associated with the waste in, on, or under the property
Reference No.: Director’s Order No. 1-105666379
Property Address/Description: Part of Road Allowance Between Lots 43 & 44, Concession Str Southwold Closed by By-Law #129 & 136; Part of Lots 42-45 Concession Str Southwold Designated as Parts 1 & 2, 11r-2455; Save & Except Part 1, 11r-8600; St. Thomas; Pin 35155-0148 (Lt)
Municipality: City of St. Thomas
Upper Tier: Elgin County
OLT Case No.: OLT-22-003335
OLT Case Name: McCaig v. Ontario (Environment, Conservation and Parks)
Heard: January 28, 2026 by video hearing
APPEARANCES:
Parties
Counsel
1767158 Ontario Inc. and Don McCaig
Paula Lombardi
Director, Ministry of the Environment, Conservation and Parks
Jon Bradbury
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JANUARY 28, 2026 AND ORDER OF THE TRIBUNAL
1On January 28, 2026, the Tribunal held a Case Management Conference (“CMC”) regarding appeals filed by 1767158 Ontario Inc. and Don McCaig (“Appellants”) concerning Director’s Order No. 1-105666379 issued by the Director (“Director”), Ministry of the Environment, Conservation and Parks.
2At the CMC, the Parties provided an update to the Tribunal describing their continuing settlement discussions and the development, albeit slowly, of a concrete action plan for the site in question. The Parties stated that discussions had stagnated for some time, but they were now getting back on track. The Parties stated that the Appellant plans to promptly submit a finalized concrete management plan to the Director, which, upon review by the Director, may lead to a settlement of the appeals. The Parties requested that a further CMC be held at which either hearing dates can be scheduled or a proposed settlement can be addressed.
3The Tribunal directed that the next CMC will be held by video hearing commencing on Wednesday, April 8, 2026, at 10 a.m.
4Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
Go To Meeting: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
5Parties and Participants 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
6Persons 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 442-599-157.
7Individuals 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 hearing 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.
8As 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.
9The Tribunal requested that the Parties provide the Tribunal’s case coordinator with a written update on the status of the matter by Friday, March 27, 2026 to determine whether the April CMC should be converted into a hearing to consider a proposed settlement.
10There will be no further notice.
11This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
VICE-CHAIR
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.