Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 10, 2026

CASE NO(S).: OLT-25-000933

PROCEEDING COMMENCED UNDER subsection 17.3 of the Ontario Underground Infrastructure Notification System Act, 2012, S.O. 2012, c. 4

Appellant: Gold Rock Construction & Landscaping Inc.

Assessor: Ontario One Call

Description: Order of Administrative Penalty

Property Address: 38 St. Germain Avenue

Municipality/UT: Toronto/Toronto

OLT Case No.: OLT-25-000933

OLT Lead Case No.: OLT-25-000933

OLT Case Name: Gold Rock Construction & Landscaping Inc. v. Ontario One Call

Heard: March 5, 2026 by video hearing

APPEARANCES:

Parties	Counsel
Gold Rock Construction & Landscaping Inc.	Failed To Appear
Ontario One Call	L. Constantine

MEMORANDUM OF ORAL DECISION DELIVERED BY C. HARDY ON MARCH 5, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Case Management Conference (“CMC”) conducted in these proceedings concerning an appeal brought by Gold Rock Construction & Landscaping Inc. (“Appellant”) pursuant to s. 17(3) of the Ontario Underground Infrastructure Notification System Act, 2012, S.O. 2012, c. 4 (“Act”) relating to an Order of Administrative Penalty (“Order”) imposed by Ontario One Call.

2Pursuant to s. 17.2(1) of the Act, Ontario One Call imposed an Order in the amount of $10,000.00 on the Appellant for failure to comply with s. 10(1) of the Act by proceeding to excavate without locates. In its Appeal Form, the Appellant disputed the Order noting “[t]he only work performed at this location involved the removal of surface-level plants and replacement with grass, an activity that did not include any digging or ground disturbance beyond the topsoil”.

3At the commencement of the CMC, the Tribunal confirmed that there were no known issues with the Tribunal-issued Notice of the CMC.

4In advance of the CMC, the Tribunal did not receive any written request for Party or Participant status, nor were there any persons or entities present at the CMC requesting status.

FAILURE TO APPEAR

5The Appellant did not attend the CMC. Pursuant to Rule 3.3 of the Tribunal’s Rules of Practice and Procedure (“Tribunal Rules”) the Tribunal stood down for 15 minutes during which time the Tribunal Case Coordinator attempted to contact the Appellant through telephone and email. The telephone number provided by the Appellant in its Appeal Form was either incorrect or has subsequently changed as it was answered by an individual who was not listed as a representative of the Appellant, nor did they have any knowledge of the proceedings. The Tribunal Case Coordinator also emailed the Appellant during the recess and did not receive a response. The Tribunal continued with the CMC in the Appellant’s absence, as permitted by Rule 19.7 of the Tribunal’s Rules.

6For context, in advance of the CMC, the Tribunal’s Case Coordinator made multiple telephone and email attempts to contact the Appellant. The only response the Tribunal received was an email dated December 17, 2025, wherein the Appellant requested an explanation of the proceedings, which the Tribunal responded to on the same day. At the CMC, Ontario One Call advised that it too had made multiple unsuccessful attempts to contact the Appellant following the filing of the appeal.

7The Tribunal reminds the Appellant that it is the duty and obligation of a statutory party, such as the Appellant, to fully participate in the proceedings.

NEXT STEPS

8Given the continued lack of response from the Appellant, the Tribunal determined that the most efficient and cost-effective way to proceed was to set staggered deliverable deadlines and hearing dates. As such, the Tribunal directed the Parties as follows:

a. the Appellant will provide Ontario One Call with its Witness Statements by Wednesday, April 1, 2026.

b. Ontario One Call will provide the Appellant with Responding Witness Statements by Wednesday, April 15, 2026.

c. the Appellant will provide Ontario One Call with Reply Witness Statements, if any, by Monday, April 20, 2026.

9To be clear, Ontario One Call has no obligation to provide Responding Witness Statements if the Appellant fails to meet its deadline of April 1, 2025.

10The Tribunal directed Ontario One Call to provide the Tribunal with a status update by Thursday, April 2, 2026.

11Counsel for Ontario One Call requested that the Tribunal schedule a Motion to Dismiss the Appellant’s appeal without a hearing. In the event that the Motion to Dismiss is either not required or is denied by the Tribunal, Counsel for Ontario One Call made the further request that the Tribunal schedule a 1-day Merit Hearing. Following a brief discussion, the Tribunal agreed to both requests and proceeded to schedule the Motion to Dismiss and the Merit Hearing to be heard by video as follows:

Tuesday April 28, 2026 at 10 a.m. (1-day Motion to Dismiss) GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 979-388-733

Friday June 26, 2026 (1-day Merit Hearing) GoTo Meeting: https://meet.goto.com/558205565 Access code: 558-205-565 Audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 558-205-565

12The Parties and Participants are advised by the Tribunal that as 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

13The case management directives above are so ordered.

14There will be no further notice and this Member is not seized.

“C. Hardy”

c. hardy

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.