Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 5, 2026
CASE NO.: OLT-25-000824
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8.
Referred by: Ministry of Natural Resources
Objector: Niagara Water Protection Alliance
Objector: Cindy Mitchell
Objector: David Henderson
Objector: Gary Gaverluk
Objector: Harry Wells; and others
Applicant: Port Colborne Quarries Inc.
Subject: Application for Class A Licence
Description: To operate a Quarry
Reference Number: 626511
Property Address: Part Lot 17, 18, 19, Concession 2
Municipality/UT: Port Colborne/Niagara
OLT Case No: OLT-25-000824
OLT Case No: OLT-25-000824
OLT Case Name: Niagara Water Protection Alliance et al. v. Ontario (Ministry of Natural Resources)
BEFORE:
S. BRAUN VICE-CHAIR
Thursday, the 5th day of March, 2026
UPON REFERRAL to the Ontario Land Tribunal (Tribunal) by the Ministry of Natural resources of an application for a Category 2 Class A (quarry below water) licence to extract aggregate from a quarry of approximately 106 hectares located in Part 17, 18, 19, Concession 2 and Plan 59-R16702, City of Port Colborne (“Application”) by Port Colborne Quarries Inc. (“Applicant”),
AND THE TRIBUNAL having conducted a Case Management Conference (“CMC”) on January 20, 2026, at which proper Notice was confirmed and Parties to the proceeding were identified as Ron Baarda, David Henderson, Vernon Hennigar, Cindy Mitchell, Niagara Water Protection Alliance, Harry Wells, Melissa Bigford, Jack Hellinga and Josef van Ruyven;
AND THE TRIBUNAL having issued a Decision following the CMC on January 28, 2026 which, inter alia, directed Messrs. Baarda, Henderson, Hennigar and Ms. Mitchell to provide the Tribunal and counsel for the Applicant with specific information including, but not limited to, a list of issues for adjudication at a future hearing, no later than February 18, 2026, failing which it would be assumed that those individuals neither wished to present a case nor otherwise participate in the hearing;
AND THE TRIBUNAL having received no communication from the four above-noted individuals up until the date of this Order, and having been similarly advised by counsel for the Applicant that no communication was received;
AND THE TRIBUNAL having received correspondence following the CMC from Niagara Water Protection Alliance and Harry Wells, withdrawing their objections to the application and indicating their wish to observe the proceedings;
AND THE TRIBUNAL having received correspondence from Jack Hellinga and Melissa Bigford following the CMC, seeking to change status in the proceeding from Party to Participant and having received no objection to these requests from the Applicant;
AND THE TRIBUNAL having reviewed a draft procedural order and issues list on the consent of the remaining Parties to the proceeding;
NOW THEREFORE THE TRIBUNAL ORDERS THAT:
a) Messrs. Baarda, Henderson, Hennigar and Ms. Mitchell have vacated their standing in the within proceeding;
b) Jack Hellinga and Melissa Bigford are Participants to the within proceeding;
c) Further to the Decision issued on January 28, 2026, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on July 6, 2026. The Tribunal has set aside 15 day(s) for the hearing.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8.
Applicant: Port Colborne Quarries Inc.
Objector: Niagara Water Protection Alliance
Objector: Cindy Mitchell
Objector: David Henderson
Objector: Gary Gaverluk
Objector: Harry Wells; and others
Referred by: Mahnaz Larochelle
Subject: Referral of objection(s)
Description: Application for Class A License to operate a Quarry
Reference Number: 626511
Property Address: Part Lot 17, 18, 19, Concession 2
Municipality/UT: Port Colborne/Niagara
OLT Case No: OLT-25-000824
OLT Case No: OLT-25-000824
OLT Case Name: Niagara Water Protection Alliance et al v. Ontario (Ministry of Natural Resources)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The video hearing will begin on July 6, 2026 at 10:00 a.m. through a video-conference platform, details of which are below.
GoTo Meeting: https://meet.goto.com/996288525
Access code: 996-288-525
The parties’ initial estimation for the length of the hearing is 15 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. Subject to any opportunities to narrow or reduce the issues list (e.g. on consent of the parties, through a motion, through meetings of like experts), 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.
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 the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
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.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Thursday May 7, 2026 and in accordance with paragraph 22 below. 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.
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 paragraph 12 below. 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.
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 paragraph 12 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 12 below.
On or before Friday June 5, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before Tuesday April 7, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
Expert witnesses in the same field shall have a meeting on or before Friday June 12, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the experts in the same field must prepare and sign a Statement of Agreed Facts and Issues identifying areas of agreement, dispute and the outstanding issues in their field that will be addressed at the hearing. All documents prepared/exchanged and all discussions between expert witnesses are confidential and without prejudice, with the exception of the Statement of Agreed Facts and Issues which becomes part of the record when it has been signed by the experts. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Monday June 15, 2026.
On or before Monday June 29, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Monday June 22, 2026 after the evidence is received and in accordance with paragraph 22 below.
On or before Monday June 22, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Monday June 29, 2026.
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday June 29, 2026 with a proposed schedule for the hearing that identifies, 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.
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.
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.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.
ATTACHMENT 1
LIST OF PARTIES AND PARTICIPANTS
Parties
Representative
Address/Phone/E-mail
Applicant Port Colborne Quarries Inc.
David Germain Jaikaran Goraya
Thomson Rogers LLP 390 Bay Street, Suite 3100 Toronto, ON M5H 1W2 Tel: 416-868-3162 E-mail: dgermain@trlaw.com; jgoraya@trlaw.com
Objector Josef van Ruyven
N/A
787 Highway 3 East Port Colborne, ON L3K 5V3 nevyur665@gmail.com
Participants
Melissa Bigford
N/A
173 Chippawa Road Port Colborne, ON L3K 1T6 mbigford@hotmail.com
Jack Hellinga
N/A
770 Highway 3 Port Colborne, ON L3K 5V3 jhellinga@gmail.com
Observers
Harry Wells
N/A
548 Highway 3 East Port Colborne, ON L3K 5V3 harryawells@gmail.com
Niagara Water Protection Alliance
N/A
1933 Firelane 2 Port Colborne, ON L8K 5V3 nwpa411@gmail.com
ATTACHMENT 2
ISSUES LIST
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet.
- Has the proposal made appropriate provisions to minimize impacts on fish habitat in the Wignell Drain?
ATTACHMENT 3
ORDER OF EVIDENCE
Evidence in Chief
Port Colborne Quarries Inc.
Josef van Ruyven
Evidence in Reply
- Port Colborne Quarries Inc.
ATTACHMENT 4
SUMMARY OF PROCEDURAL DATES
DATE
EVENT
Tuesday April 7, 2026
Exchange of Participant Statements
Thursday May 7, 2026
Exchange of list of witnesses and the order in which they will be called
Friday June 5, 2026
Exchange of Expert Witness Statements
Friday June 12, 2026
Meetings of expert witnesses to be completed
Monday June 15, 2026
Filing of agreed statements of facts and issues from meetings of various expert witness groups
Monday June 22, 2026
Parties to exchange responses to any written evidence
Monday June 22, 2026
Exchange of Visual Evidence
Monday June 29, 2026
File Joint Document Book File Hearing Plan Confirm with the Tribunal if all the reserved hearing dates are still required
Monday July 6, 2026 10:00 a.m.
Hearing commences