Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 8, 2026
CASE NO(S).: OLT-26-000216
PROCEEDING COMMENCED UNDER section 140(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended
Appellants (jointly): Keith Jamieson and Thi Cam Van Tran
Appellant: Brukel Construction Limited
Appellant: Peterborough Concrete Floor Co. Ltd.
Respondent: Director, Ministry of the Environment, Conservation and Parks
Subject of appeal: Order to remove and transport waste stockpile using an Approved Waste Management System and have the waste deposited at an Approved Waste Disposal Site
Reference No.: 1-1489998844
Property Address/Description: 2016, 2019, 2025, 2026, 2029, 2033, and 2036 Campbell Avenue
Municipality/Upper Tier: Cavan Monaghan/Peterborough
OLT Case No.: OLT-26-000216
OLT Lead Case No.: OLT-26-000216
OLT Case Name: Jamieson v. Ontario (Environment, Conservation and Parks)
Heard: May 15, 2026 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Brukel Construction Limited
Natalie Mullins
Peterborough Concrete Floor Co. Ltd.
Ralph Cuervo-Lorens Alison McGarry
Keith Jamieson and Thi Cam Van Tran
Self-represented*
Director, Ministry of the Environment Conservation and Parks
Isabelle O’Connor
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON MAY 15, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On May 15, 2026, the Tribunal heard motions for stays of Order No. 1-1489998844 (“Director’s Order”) issued by the Director (“Director”), Ministry of the Environment, Conservation and Parks, dated March 4, 2026. The Director’s Order requires the removal of waste at the properties located at 2016, 2019, 2025, 2026, 2029, 2033, 2036 Campbell Avenue (“subject property”), in the Township of Cavan Monaghan.
2The following persons or entities are named in the Director’s Order:
Brukel Construction Limited (“Brukel”);
Peterborough Concrete Floor Co. Ltd. (“Peterborough Concrete Floor”);
Keith Jamieson and Thi Cam Van Tran;
Denis Gerard and Loraine Josephine Wrixon;
Jurgen Vander Velden and Verona Sulja;
Keith Richard Carter;
Luigi and Sandy Ann Trozzolo;
Martin Michael Jokay;
R. E. Kemp Construction Limited; and,
Robert John and Virginia Gail Neville
3In March 2026, Brukel, Peterborough Concrete Floor, and Keith Jamieson and Thi Cam Van Tran (together, “Appellants”) each appealed the Director’s Order. Brukel and Peterborough Concrete Floor each requested a stay of the Director’s Order pending the disposition of the appeal.
4At the commencement of the hearing of the stay motions, the Parties informed the Tribunal that they had reached agreement on having partial stays granted.
STAY MOTION
5The Work Items in the Director’s Order are as follows:
Work Item No. 1 Compliance Date: 05/31/2026
By May 31, 2026, the Principal Orderees shall remove and transport the waste stockpile located at 2026 Campbell Ave. using an Approved Waste Management System and have the waste deposited at an Approved Waste Disposal Site(s).
Work Item No. 2 Compliance Date: 05/31/2026
By May 31, 2026, the Principal Orderees shall submit to the Director by email to courtney.redmond@ontario.ca and to peterborough. environment@ontario.ca the name and Environmental Compliance Approval (ECA) number or Environmental Activity or Sector Registry (EASR) registration number of the Approved Waste Management System(s) used to remove and transport the waste stockpile and the name of the Approved Waste Disposal Site that accepted the waste.
Work Item No. 3 Compliance Date: 08/31/2026
If Item No. 1 is not completed by May 31, 2026, the current property owner (s) of 2026 Campbell Avenue, Keith David Jamieson and Thi Cam Van Tran shall have the waste stockpile located at 2026 Campbell Avenue, removed and transported for disposal, using an Approved Waste Management System and have the waste deposited at an Approved Waste Disposal Site (s) by August 31, 2026.
Work Item No. 4 Compliance Date: 08/31/2026
If Item No. 1 is not completed by May 31, 2026, the current property owner (s) of 2026 Campbell Avenue, Keith David Jamieson and Thi Cam Van Tran shall submit to the Director by email to courtney.redmond@ontario.ca and to peterborough.environment@ontario.ca the name and ECA number or EASR registration number of the Approved Waste Management System(s) used to remove and transport the waste stockpile and the name of the Approved Waste Disposal Site that accepted the waste by August 31, 2026.
Work Item No. 5 Compliance Date: 05/31/2026
By May 31, 2026, the Principal Orderees shall retain the services of a Qualified Person to carry out the work as described in Work Ordered Item No's 7, 8, 9, 10, 11, 12, 13, 14, and 15.
Work Item No. 6 Compliance Date: 05/31/2026
By May 31, 2026, the Principal Orderees shall submit to the Director, written confirmation from the Qualified Person by email to courtney.redmond@ontario.ca and to peterborough.environment@ontario.ca that they have, (1) received a copy of the Order; (2) been retained to carry out the work as described in Work Ordered Item Nos. 7, 8, 9, 10, 11, 12, 13, 14, and 15; and (3) the experience and qualifications to carry out such work.
Work Item No. 7 Compliance Date: 09/30/2026
By September 30, 2026, the Principal Orderees shall have the Qualified Person conduct an environmental site assessment of the Site to determine whether there is waste on or under any of the seven properties (2016, 2019, 2025, 2026, 2029, 2033, 2036 Campbell Avenue), to characterize the quantity, location and nature of the waste, to assess whether the waste is causing any adverse effects or environmental impacts, and provide recommendations as to how the waste should be removed, and have the Qualified Person prepare an assessment report.
Work Item No. 8 Compliance Date: 09/30/2026
By September 30, 2026 the Principal Orderees shall have the Qualified Person submit the environmental site assessment report to the Director by email at courtney.redmond@ontario.ca and peterborough. environment@ontario.ca for review by the Ministry.
Work Item No. 9 Compliance Date: not applicable
Upon service of this Order, Luigi and Sandy Ann Trozzolo shall provide reasonable access to 2016 Campbell Avenue by the Qualified Person retained by the Principal Orderees, and any person and equipment the Qualified Person considers necessary, for the purposes of carrying out the work described in the Work Order Item No. 7 of this Order.
Work Item No. 10 Compliance Date: not applicable
Upon service of this Order, Keith Richard Carter shall provide reasonable access to 2025 Campbell Avenue by the Qualified Person retained by the Principal Orderees, and any person and equipment the Qualified Person considers necessary, for the purposes of carrying out the work described in the Work Order Item No. 7 of this Order.
Work Item No. 11 Compliance Date: not applicable
Upon service of this Order, Robert Neville and Virginia Gail Neville shall provide reasonable access to 2019 Campbell Avenue by the Qualified Person retained by the Principal Orderees, and any person and equipment the Qualified Person considers necessary, for the purposes of carrying out the work described in the Work Order Item No. 7 of this Order.
Work Item No. 12 Compliance Date: not applicable
Upon service of this Order, Keith Jamieson and Thi Cam Van Tran shall provide reasonable access to 2026 Campbell Avenue by the Qualified Person retained by the Principal Orderees, and any person and equipment the Qualified Person considers necessary, for the purposes of carrying out the work described in the Work Order Item No. 7 of this Order.
Work Item No. 13 Compliance Date: not applicable
Upon service of this Order, Jurgen Vander Velden and Verona Sulja shall provide reasonable access to 2029 Campbell Avenue by the Qualified Person retained by the Principal Orderees, and any person and equipment the Qualified Person considers necessary, for the purposes of carrying out the work described in the Work Order Item No. 7 of this Order.
Work Item No. 14 Compliance Date: not applicable
Upon service of this Order, Denis Gerard and Loraine Josephine Wrixon shall provide reasonable access to 2036 Campbell Avenue by the Qualified Person retained by the Principal Orderees, and any person and equipment the Qualified Person considers necessary, for the purposes of carrying out the work described in the Work Order Item No. 7 of this Order.
Work Item No. 15 Compliance Date: not applicable
Upon service of this Order, Martin Michael Jokay shall provide reasonable access to 2033 Campbell Avenue by the Qualified Person retained by the Principal Orderees, and any person and equipment the Qualified Person considers necessary, for the purposes of carrying out the work described in the Work Order Item No. 7 of this Order.
6The "Principal Orderees" referred to in the Director’s Order are Peterborough Concrete Floor, Brukel, and R.E. Kemp Construction Limited.
7The Parties propose that Work Item Nos. 1, 2, 5, and 6 on the removal of waste be stayed against Brukel and Peterborough Concrete Floor until August 31, 2026, and that Work Item Nos. 3 and 4, also on the removal of waste, be stayed against Keith Jamieson and Thi Cam Van Tran until November 30, 2026. They further propose that Work Item Nos. 7 and 8 on conducting an environmental assessment be stayed until December 31, 2026. They propose that the Order of the Tribunal not prevent Parties from seeking a further stay at a later date, if necessary. Work Item Nos. 9 to 15 on access were not appealed and would not be subject to a stay. The Parties agreed that the request for the proposed stays be made on a without costs basis.
Issues
8Based on the Tribunal’s past cases, when addressing a request for a stay, the Tribunal will consider whether:
the relevant statutory tests that are applicable to the granting of a stay are met;
there is a serious issue to be decided by the Tribunal at a hearing on the merits;
irreparable harm will ensue if the relief is not granted; and,
the balance of convenience, including effects on the public interest, favours granting the relief requested.
9Each of these tests will be addressed separately below.
Submissions
10The Director submits that there are no statutory bars under s. 143(2) of the Environmental Protection Act preventing the granting of the requested stays. The Director submits that the work items do not include an order to monitor, record, or report and the Director’s Order was not made under s. 168 of the Environmental Protection Act. The Director also submits that the proposed stays comply with s. 143(3) of the Environmental Protection Act. In this regard, the Director submits that the proposed stays will not result in danger to the health or safety of any person, impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or injury or damage or serious risk of injury or damage to any property or to any plant or animal life. The Director submits that the proposed stays are consistent with the purpose of the Environmental Protection Act to provide for the protection and conservation of the natural environment.
11In regard to whether there is a serious issue, the Director submits that there is no dispute that there is a serious issue to be adjudicated.
12Regarding the irreparable harm test, Brukel submits that it is impossible to comply with the Director’s Order within the set timeframe and that denial of the stays would cause irreparable harm. The Director submits that this is not a significant factor in the present case.
13Regarding the balance of the convenience test, the Director submits that the proposed stays are in the public interest in that they allow the Parties to further investigate the scope of the waste issue and develop a pathway forward to resolving the issue. Peterborough Concrete Flooring submits that the waste is historical, more knowledge is needed to address the problem, and discussions are underway on identifying solutions. Brukel submits that the Parties are trying to cooperate and be practical and that there is no urgency or threat of immediate environmental harm. Keith Jamieson and Thi Cam Van Tran submit that additional time is needed, which the proposed stays would provide.
Analysis and Findings
14Based on the submissions of the Parties, the Tribunal finds that there are no statutory bars to granting the proposed stays under s. 143(2) and (3) of the Environmental Protection Act. It finds that the proposed stays are consistent with the purpose of the Environmental Protection Act and consistent with the objectives of s. 43 on the removal of waste. Based on the submissions of the Parties, and given that the requests for the proposed stays are being made on consent, the Tribunal finds that the serious issue, irreparable harm, and balance of convenience tests are satisfied in the circumstances of this case. The Tribunal finds that the proposed stays will not cause harm to the environment and will allow the Parties time to develop an effective way forward to ensure the safe and proper removal of the waste and protect the environment. It finds that the proposed stays are in the public interest and should be granted as requested.
OTHER MATTERS
15Brukel stated that it intends to provide notice to other persons, who are not presently included as Orderees, regarding allegations that are being made against them in these proceedings. The Tribunal requested that such notice be served promptly so that a Case Management Conference may be scheduled on a timely basis with notice given to all interested persons.
ORDER
16THE TRIBUNAL ORDER THAT the requests for stays of the Director’s Order are granted, in part.
17THE TRIBUNAL ORDERS THAT the due dates for the completion of the Work Items in the Director’s Order are amended as follows:
Items Nos. 1, 2, 5 and 6 of Director's Order No. 1-1489998844 are stayed as against Brukel Construction Limited and Peterborough Concrete Floor Co. Ltd. until August 31, 2026;
Items Nos. 3 and 4 of Director's Order No. 1-1489998844 are stayed as against Keith David Jamieson and Thi Cam Van Tran until November 30, 2026;
Items Nos. 7 and 8 of Director's Order No. 1-1489998844 are stayed as against Brukel Construction Limited and Peterborough Concrete Floor Co. Ltd. until December 31, 2026;
The Director, Brukel Construction Limited, Peterborough Concrete Floor Co. Ltd., Keith David Jamieson or Thi Cam Van Tran may seek a removal or modification of this Order by bringing a motion and serving it on the other parties in accordance with Rule 10 of the Tribunal’s Rules of Practice and Procedure;
The stays are without prejudice to any of the Appellants seeking a further stay.
“Hugh S. Wilkins”
hugh s. Wilkins
VICE CHAIR
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.