Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 17, 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

Heard: March 4, 2026

APPEARANCES:

Parties	Counsel/Representative*
Robinson Excavating and Trucking Co. Ltd.	S. Putnam
Ontario (Ministry of Natural Resources and Forestry)	Sunny Zhai
Ihor and Heather Gawdan	(Self-represented Did Not Appear)

MEMORANDUM OF ORAL DECISION DELIVERED BY GEORGE POLITIS ON MARCH 4, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from the second Case Management Conference (“CMC”) relating to the appeal by Robinson Excavating and Trucking Co. Ltd. (“Appellant”). The appeal is 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”).

BACKGROUND

2The applicant (“Applicant”) has applied for a Class A Pit Below Water licence that would permit extraction of more than 20,000 tonnes of unconsolidated material per year. The Subject Lands are currently operating under a Class B licence, which permits the extraction of less than 20,000 tonnes per year of unconsolidated material.

PRELIMINARY MATTERS

Party (Objector) and Participant Status Requests

3Section 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.

3Objectors Bonny Bracken, Nicole Harder, Stephen Harder and Tess Gallagher submitted written requests to the Tribunal to change their status to that of Participant. The Tribunal reviewed and on consent of the Parties granted Participant status to the following:

• Bonny Bracken
• Nicole Harder
• Stephen Harder
• Tess Gallagher

4Ihor & Heather Gawdan will remain as Objectors in these proceedings.

Motion

5The Tribunal was informed that counsel for the Applicant was intending to bring a motion to remove Ihor and Heather Gawdan as Objectors. Counsel for the Applicant claimed that both Ihor and Heather Gawdan had been absent from the first and were absent at this second CMC, resulting in the Parties not being able to communicate with either Mr. or Mrs. Gawdan. During this second Case Management Conference the Parties agreed to the motion on consent.

6The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to consider pursuing this option.

PROCEDURAL ORDER

7The Tribunal received and approved the final Procedural Order and Issues List and has attached it to this Decision as Appendix “A”.

8After a thorough review with the Parties, based on the proposed number of witnesses, the Tribunal on consent has scheduled a hearing, to commence on Tuesday, June 16, 2026 at 10 a.m. and which will now proceed by video conference until and including Friday, June 19, 2026, for a duration of four (4) days.

9The Hearing is scheduled to commence on Tuesday, June 16, 2026 at 10 a.m. and proceed for four (4) days, by video.

10Parties and Objectors are asked to log in to the event at least 15 minutes before it begins, to test their video and audio connections:

GoTo Meeting: https://meet.goto.com/677087597

Access code: 677-087-597

11Parties 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

12Persons 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: +1 (647) 497-9391 or (Toll-Free): 1-888-455-1389. The access code is: 677-087-597.

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 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.

14As 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

15THE TRIBUNAL ORDERS THAT:

(a) a Merit Hearing has been scheduled to proceed by video from Tuesday, June 16, 2026 at 10 a.m. until and including Friday, June 19, 2026.

(b) Bonny Bracken, Nicole Harder, Stephen Harder, and Tess Gallagher have been granted Participant status.

(c) the Tribunal has received and approved the final Procedural Order and Issues List and has attached it to this Decision as Appendix A.

16This Member is not seized.

17No further notice will be provided.

“George Politis”

GEORGE POLITIS

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.

APPENDIX A

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)

PROCEDURAL ORDER

1. 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

2. The video hearing will begin on Tuesday, June 16, 2026 at 10:00 a.m. at the following coordinates:

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

3. The parties’ initial estimation for the length of the hearing is four (4) 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.

4. The parties are set out in Attachment 1.

5. The issues are set out in the Issues List attached as Attachment 2. 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.

6. 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.

7. 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.

8. 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

9. 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 April 22, 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.

10. Expert witnesses in the same field shall have a meeting on or before May 15, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. 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 May 27, 2026.

11. 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 13 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.

12. 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 13 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 13 below.

13. On or before May 1, 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.

14. On or before May 1, 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.

15. On or before May 12, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before June 5, 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.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 15, 2026 and in accordance with paragraph Error! Reference source not found. below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before June 5, 2026.

19. 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.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 9, 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.

22. All filings shall be submitted electronically. 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.

23. 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.

Attachment 1

List of Parties

Party	Counsel / Representative*

1. Robinson Excavating and Trucking Co. Ltd. Applicant | Cunningham, Swan, Carty, Little & Bonham LLP
   300-27 Princess Street
   Kingston, ON K7L 1A3
   Spencer Putnam (LSO# 80189I)
   Tel: 613.546.8098
   Fax: 613.542.9814
   sputnam@cswan.com
2. Ministry of Natural Resources Objector | Sunny Zhai Legal Counsel | Ministry of Natural Resources (MNR) Legal Services Branch
   Ministry of the Attorney General | Ontario Public Service
   Phone: 416-434-8528 | Email: sunny.zhai@ontario.ca
3. Ihor Gawdan and Heather Gawdan Objector | frogmor@outlook.com

Attachment 2

Issues List

1. Is the Aggregate Resources Act licence application, including its site plan, consistent with the matters to be considered under section 12 of the Aggregate Resources Act?

Water

2. Will the proposal unacceptably impact the local watershed, and has the proponent adequately provided for the monitoring and mitigation of such impacts?

Studies

3. Are the technical reports completed to address potential impacts on wetlands sufficient, and are updates to the technical reports and site plan required to ensure any impacts are appropriately monitored and mitigated?

Attachment 3

Order of Evidence

1. Robinson Excavating and Trucking Co. Ltd. (Applicant)
2. Objectors
3. Applicant reply, if any