Synergy Underground Utilities Inc. v. Ontario (Environment, Conservation and Parks), 2026 CanLII 46880

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

May 12, 2026

CASE NO(S).:

OLT-26-000141

PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended

Appellant:

Synergy Underground Utilities Inc.

Appellants:

Underground Conduit Solutions Inc. and Matthew Ducharme

Respondent:

Director, Ministry of the Environment, Conservation and Parks

Subject of appeal:

Order to retain the services of a Qualified Person to carry out the work as described, prepare a Work Plan to characterize the quality of any Liquid Excess Soil at the Site

Reference No.:

1-1577876723

Property Address/Description:

1115 Windham Road 12

Municipality/Upper Tier:

Norfolk

OLT Case No.:

OLT-26-000141

OLT Lead Case No.:

OLT-26-000141

OLT Case Name:

Synergy Underground Utilities Inc. v. Ontario (Environment, Conservation and Parks)

Heard:

April 29, 2026 by video hearing

APPEARANCES:

Parties

Counsel

Underground Conduit Solutions Inc. and Matthew Ducharme

Paula Lombardi

Synergy Underground Utilities Inc.

Matthew Bernier Raivo Uukkivi (in absentia)

Director, Ministry of the Environment, Conservation, and Parks

Nadine Harris Isabelle O’Connor Coco Xu (Articling Student)

DECISION DELIVERED BY A. SNOWDON AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Decision arises from a Case Management Conference (“CMC”) relating to an appeal brought pursuant to s. 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, against Director’s Order No. 1-1577876723 (“Order”) issued by the Director, Ministry of the Environment, Conservation, and Parks (“Director”) on January 30, 2026. The appeal has been filed by Underground Conduit Solutions Inc. and Matthew Ducharme and Synergy Underground Utilities Inc. (together, “Appellants”) regarding the management and transport of excess soils on the property located at 1115 Windham Road 12 in Norfolk County (“Subject Property”).

2The Subject Property is located on the north side of Windham Road 12, west of Windham East Quarter Line Road.

3The Order directs the Appellants to retain the services of a qualified person to prepare a work plan to characterize the quality of liquid excess soil at the Subject Property. The Order consists of four items which, when met, will bring the Appellants and the Subject Property into compliance.

STATUS REQUESTS

4The Tribunal did not receive any Party status requests prior to, or during, the CMC.

5The Tribunal received one Participant status request prior to the CMC. Mike Gunsinger attended the CMC and chose to withdraw his status request at that time.

OPPORTUNITIES FOR SETTLEMENT/MEDIATION

6The Parties informed the Tribunal that they were not interested in Tribunal-led mediation at this time, but will continue private discussions.

PROCEDURAL ORDER AND ISSUES LIST

7The Appellants submitted a draft Procedural Order (“PO”) prior to the CMC. The Director noted that they were not in agreement with the PO for several reasons, including the proposed timeline and the Issues List.

8The Tribunal reviewed the PO with the Parties, and they have revised it accordingly.

9On May 6, 2026, the Parties submitted the final PO to the Tribunal for review. The Tribunal accepts the final PO and is satisfied that it will govern this proceeding. The finalized PO is attached as Schedule 1 to his Decision.

SCHEDULING

10The Appellants requested a one-day motion hearing be scheduled. The motion for direction will address:

• Disclosure usage – Crown counsel will attend for this issue; and

• A Confidentiality Order – The Director will attend for this issue.

11The following filing dates will govern the motion hearing proceeding:

• Motion Record – Tuesday, May 19, 2026;

• Responding Motion Record – Tuesday, June 9, 2026; and

• Reply (if desired) – Friday, June 12, 2026.

12Further, the Parties requested a 10-day merit hearing be scheduled.

13The motion hearing and merit hearing are scheduled to proceed by video as follows:

Thursday, June 18, 2026 at 10 a.m. (one-day motion hearing)

GoTo Meeting: https://meet.goto.com/943363669

Access code: 943-363-669

Audio-only telephone line: +1-647-497-9373 or (toll-free) +1-888-299-1889

Audio-only access code: 943-363-669

Monday, February 8, 2027 at 10 a.m. (10-day merit hearing)

(Note: The Tribunal will not sit on Monday, February 15, 2027)

GoTo Meeting: https://meet.goto.com/680885805

Access code: 680-885-805

Audio-only line: +1-647-497-9373 or (toll-free) +1-888-299-1889

Audio-only access code: 680-885-805

14Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.

15Parties 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

16Persons 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.

17Individuals 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.

18As 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

19THE TRIBUNAL ORDERS THAT:

(a) This matter has been scheduled for one-day motion hearing and 10-day merit hearing, as set out above; and

(b) The Procedural Order, appended as Schedule 1 to this Decision, shall govern this proceeding.

“A. Snowdon”

a. snowdOn

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.

SCHEDULE 1

CASE NO(S).:

OLT-26-000141

PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended

Appellant:

Synergy Underground Utilities Inc.

Appellants:

Underground Conduit Solutions Inc. and Matthew Ducharme

Respondent:

Director, Ministry of the Environment, Conservation and Parks

Subject of appeal:

Order to retain the services of a Qualified Person to carry out the work as described, prepare a Work Plan to characterize the quality of any Liquid Excess Soil at the Site

Reference No.:

1-1577876723

Property Address/Description:

1115 Windham Road 12

Municipality/Upper Tier:

Norfolk

OLT Case No.:

OLT-26-000141

OLT Lead Case No.:

OLT-26-000141

OLT Case Name:

Synergy Underground Utilities Inc. v. Ontario (Environment, Conservation and Parks)

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 MONDAY, FEBRUARY 8, 2027 at 10:00 a.m. on GoToMeetings at the following link: https://meet.goto.com/680885805

3. The parties’ initial estimation for the length of the hearing is 10 days. The hearing wil run from February 8^th – February 12^th, 2027 and February 16^th -February 22^nd, 2027. 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 Procedural Order deadlines are summarized in Attachment 4.

4. The parties and participants identified at the case management conference 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.

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.

9. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

10. Witness List: 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 FRIDAY, OCTOBER 9, 2026 and in accordance with paragraph 24 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.

11. Meeting of Experts: Expert witnesses in the same field shall have a meeting on or before MONDAY, NOVEMBER 10, 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 TUESDAY, NOVEMBER 24, 2026.

12. 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 14 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.

13. 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 14 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 14 below.

14. Witness Statements: On or before THURSDAY, DECEMBER 10, 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 24 below. Witness statements and expert statements shall attach a copy of any document that the witness refers to in their statement and that the party intends to rely on at the hearing. Expert witness statements shall also include a copy of the expert’s Curriculum Vitae and the Acknowledgement of Expert Duty form signed by the expert.

15. Participant Statements: On or before THURSDAY, DECEMBER 10, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. Reply Witness Statements: On or before WEDNESDAY, DECEMBER 23, 2026, the parties shall provide copies of their reply witness statements (if any) to the other parties and the OLT case co-ordinator in accordance with paragraph 24 below.

17. On or before MONDAY, JANUARY 4, 2027the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. Visual Evidence: On or before TUESDAY, JANUARY 19, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. Joint Book of Documents: The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before FRIDAY, JANUARY 22, 2027.

20. 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.

21. 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.

22. Preliminary Hearing Plan: The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before FRIDAY, JANUARY 29, 2027 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.

23. Any documents that may be used by a party in cross-examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other 3 parties if it is introduced as evidence at the hearing.

24. All filings shall be submitted electronically unless otherwise directed. 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.

25. 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.

ATTACHMENT 1 - PARTIES

1. Synergy Underground Utilities Inc.

CASSELS BROCK & BLACKWELL LLP

Bay Adelaide Centre – North Tower

40 Temperance Street, Suite 3200

Toronto, ON M5H 0B4

Raivo Uukkivi

Tel: (416) 860-6613

Email: ruukkivi@cassels.com

Matthew Bernier

Tel: (416) 350-6955

Email: mbernier@cassels.com

2. Underground Conduit Solutions Inc. and Matthew Ducharme

SISKINDS LLP

275 Dundas Street, Unit 1

P.O. Box 2520

London, ON N6B 3L1

Paula Lombardi

Tel: (519) 660-7878

Email: paula.lombardi@siskinds.com

3. Director, Ministry of the Environment, Conservation and Parks (MECP)

Legal Services Branch - MECP

135 St. Clair Ave. West, 10^th Floor

Toronto, ON M4V 1P5

Nadine Harris

Tel: (416) 822-2075

Email: nadine.harris@ontario.ca

Isabelle O’Connor

Tel: (416) 705-5097

Email: isabelle.oconnor@ontario.ca

NO PARTICIPANTS

ATTACHMENT 2

ISSUES LIST

NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

1. Did the Director have the jurisdiction to issue the Director’s Order to the Appellants?

2. Is the Director’s Order appropriate in the circumstances?

3. Is naming any and/or all of the Appellants in the Director’s Order consistent with and in keeping with the intent and purposes of the Environmental Protection Act including but not limited to O. Reg 406/19?

4. Is the Director’s Order consistent with the Compliance Policy Applying Abatement and Enforcement Tools?

5. Are the requirements, items, and deadlines in the Director’s Order reasonable, necessary and advisable to protect the natural environment?

6. Should the Director’s Order be confirmed, revoked or amended?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Director, Ministry of the Environment, Conservation and Parks

2. Appellant, Synergy Underground Utilities Inc.

3. Appellants, Underground Conduit Solutions Inc. and Matthew Ducharme

4. If reply becomes necessary, leave of the Tribunal will be sought

ATTACHMENT 4

SUMMARY OF DATES