Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
May 14, 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)
PROCEEDING COMMENCED UNDER subsection 11(8)3 of the Aggregate Resources Act, R.S.O. 1990, c. A.8
Request by:
Robinson Excavating and Trucking Co. Ltd.
Motion for:
Dismissal Without a Hearing
Heard:
In Writing
APPEARANCES:
Parties
Counsel/Representative*
Robinson Excavating and Trucking Co. Ltd.
S. Putnam*
Ministry of Natural Resources and Forestry
Z. D’Onofrio*
Ihor and Heather Gawdan
Self-Represented
DECISION DELIVERED ON BY S. DEBOER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal was a Motion brought forth by Robinson Excavating and Trucking Co. Ltd. (“Appellant”) under Rule 10.3 of the Ontario Land Tribunal’s Rules of Practice and Procedure requesting that the Tribunal refuse the status of the Objector Ihor and Heather Gawdan (”Objectors” / “Gawdans”) as per s. 11(8)3 of the Aggregate Resources Act, R.S.O 1990. c. A.8 (“ARA”). The Appellant also requested that the Tribunal refer the license back to the Minister of Natural Resources and Forestry (“MNRF”) as per s. 11(8)4 of the ARA and requested that the Tribunal vacate the scheduled hearing beginning on Tuesday, June 16, 2026.
BACKGROUND
2The MNRF had referred the Class ‘A’ license application to the Tribunal pursuant to s. 11(5) of the ARA. The license application pertains to the Appellant’s property municipally known as Part of Lot 3, Concession 1, Geographic Township of Oso (“Subject Lands”).
3The Class ‘A’ Application would permit the extraction of over 20,000 tonnes per year of unconsolidated material 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.
PREVIOUS HEARING EVENTS
4The Tribunal had held two Case Management Conferences (“CMC”), the first being on February 2, 2026, and the second being on March 17, 2026. At the first CMC, the Tribunal reviewed the Objector status of the following persons:
Bonny Bracken
Nicole Harder
Stephen Harder
Tess Gallagher
Ihor and Heather Gawdan
5The Tribunal did not make a decision on the Gawdans’ Objector status as they did not appear at the CMC. The Tribunal ruled that the status of all the Objectors would not be decided until the second CMC.
6Prior to the second CMC, the following individuals had requested to change their status from Objector to that of Participant:
Bonny Bracken
Nicole Harder
Stephen Harder
Tess Gallagher
7The Gawdans did not appear at either of the CMCs. Both the Tribunal and the Appellant had attempted to contact the Gawdans prior to and after both CMCs.
8The Appellant informed the Tribunal at the second CMC that they were intending to bring a Motion to remove the Gawdans as Objectors since they have been absent in the appeal process before the Tribunal.
9At the second CMC, the Tribunal had reviewed the draft Procedural Order and Issues List and had scheduled a hearing to commence on Tuesday, June 16, 2026.
10After the second CMC, the Tribunal was informed that the MNRF had resolved its issues with the Appellant and were no longer an Objector to the appeal. As the Gawdans were the last Objector to the appeal, and due to the Gawdans not appearing before the Tribunal, the Tribunal ordered a Motion be brought forth by the Appellant for the removal of the Gawdans’ Objector status.
MOTION HEARING
11The following were marked as Exhibits to the Motion Hearing:
Exhibit 1 – Affidavit of Service of Notice by Sarah Wright, dated April 28, 2026;
Exhibit 2 – Appellant’s Motion Record comprising 126 pages;
Exhibit 3 – Appellant’s Book of Authorities comprising 42 pages.
ANALYSIS AND FINDINGS
12The Tribunal notes that the only Motion materials that were received were from the Appellant and no response was received from the Gawdans pertaining to this Motion.
13The Appellant’s Motion was requesting that the Gawdans be removed as Objectors to the matter as there has not been any correspondence received from the Gawdans pertaining to their Objector status. The Tribunal notes that both the Appellant and the Tribunal have tried to contact the Gawdans concerning their status, and no correspondence had been received.
14As the Gawdans are the last remaining Objectors to the file before the Tribunal, and that no communications of any sort having been received concerning their Objector status, the Tribunal finds that the Motion request will be granted, and the Objector status of Ihor and Heather Gawdan will be refused as per s. 11(8)3 of the ARA. Given these Objectors’ continued absence in attendance and communications, the Tribunal finds their objection to not be in good faith and to be frivolous.
15The Tribunal finds that the license application shall be referred back to the MNRF for a decision as per s. 11(8)4 of the ARA.
16The Tribunal finds that the hearing dates, scheduled for June 16 - 19, 2026, shall be vacated.
ORDER
17UPON MOTION to the Tribunal by Robinson Excavating and Trucking Co. Ltd. for an order dismissing the Objectors Ihor and Heather Gawdans without holding a hearing, and after the hearing of the motion;
18THE TRIBUNAL ORDERS THAT the motion is granted, and Ihor and Heather Gawdan are removed as Objectors to this appeal.
19THE TRIBUNAL FURTHER ORDERS THAT having been advised that all Parties other than the Applicant do not wish to proceed with this matter, the License Application 626553 be referred back to the Minister of Natural Resources and Forestry.
20THE TRIBUNAL FURTHER ORDERS THAT the scheduled hearing dates of Tuesday, June 16, 2026, to Friday, June 19, 2026, pertaining to this appeal, be released from the Tribunal’s calendar.
“S. deBoer”
S. DEBOER
MEMBER
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.