Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 14, 2026
CASE NO(S).: OLT-22-003335
PROCEEDING COMMENCED UNDER subsection 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellants: Don McCaig, 1767158 Ontario Inc.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to prevent, decrease or eliminate an adverse effect that may result from the presence or discharge of a contaminant associated with the waste in, on, or under the property
Reference No.: Director’s Order No. 1-105666379
Property Address/Description: Part of Road Allowance Between Lots 43 & 44, Concession Str Southwold Closed by By-Law #129 & 136; Part of Lots 42-45 Concession Str Southwold Designated as Parts 1 & 2, 11r-2455; Save & Except Part 1, 11r-8600; St. Thomas; Pin 35155-0148 (Lt)
Municipality: City of St. Thomas
Upper Tier: Elgin County
OLT Case No.: OLT-22-003335
OLT Case Name: McCaig v. Ontario (Environment, Conservation and Parks)
Heard: May 8, 2026, by video hearing
APPEARANCES:
Parties
Counsel
1767158 Ontario Inc. and Don McCaig
Paula Lombardi
Director, Ministry of the Environment, Conservation and Parks
Jon Bradbury
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MAY 8, 2026 AND ORDER OF THE TRIBUNAL
1The Tribunal held a Case Management Conference (“CMC”) on May 8, 2026 regarding appeals filed by 1767158 Ontario Inc. and Don McCaig (“Appellants”) concerning Director’s Order No. 1-105666379 issued by the Director (“Director”), Ministry of the Environment, Conservation and Parks.
2At the CMC, the Parties provided a further update to the Tribunal describing their continuing settlement discussions, noting that final details have still not been agreed. The Tribunal expressed frustration with the lack of progress and suggested the scheduling of hearing dates. The Parties requested that a final effort to reach a settlement be attempted. They suggested that the Tribunal schedule a hearing to consider a proposed settlement for a date in August 2026. They suggested that if a settlement is not reached by that time, the August hearing date could be converted to a CMC, at which dates for a hearing on the merits would be set. The Tribunal agreed to this proposal.
3The Tribunal directed that a hearing to consider a proposed settlement will be held by video hearing commencing on Monday, August 10, 2026, at 10 a.m.
4Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
5Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
6Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 656-004-293.
7Individuals 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 hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
8As 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.
9The Tribunal requested that the Parties confirm the hearing of the proposed settlement by Friday, July 31, 2026 and file materials in support of the proposed settlement by Thursday, August 6, 2026. If the hearing is converted into a CMC, the Parties are directed to file an updated draft Procedural Order and Issues List with the Tribunal by Thursday, August 6, 2026 and to be prepared at the CMC for the setting of dates for the hearing on the merits.
10There will be no further notice.
11This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
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.