DATE: 20040323

DOCKET: M31054 (C40916)

COURT OF APPEAL FOR ONTARIO

RE: BEN SUTCLIFFE and HELEN KIMMERLY (Applicants/Respondents) and MINISTER OF THE ENVIRONMENT (ONTARIO) and CANADIAN WASTE SERVICES INC. (Respondents/Appellants); MOHAWKS OF THE BAY OF QUINTE (Applicant/Respondent) and MINISTER OF THE ENVIRONMENT (ONTARIO) and CANADIAN WASTE SERVICES INC. (Respondents/Appellants)

BEFORE: MCMURTRY C.J.O.

COUNSEL: R.F. Leach For the moving party/intervenor, Green Lane Landfill, a division of St. Thomas Sanitary Collection Service Limited (“Green Lane”)

R. Lindgren and M. Cashin For the applicants (respondents), Ben Sutcliffe and Helen Kimmerly

P.F. Schindler For the applicant (respondent), the Mohawks of the Bay of Quinte (“MBQ”)

A. Lokan For the respondent (appellant), Canadian Waste Services Inc.

HEARD: Tuesday, March 23, 2004

E N D O R S E M E N T

[1] I am satisfied that it is appropriate to grant Green Lane leave to intervene in this appeal as an added party. Leave is hereby granted, subject to the following conditions:

(a) That Green Lane shall forthwith serve and file a factum, not exceeding 15 pages in length;

(b) That Green Lane will be allocated 20 minutes for oral argument;

(c) That Green Lane will not seek costs on the appeal but that costs may be awarded against it;

(d) That the respondents on the appeal will have 60 days from the service of Green Lane’s factum and the Ontario Waste Management Association’s factum, whichever is later, to file their responding factums on the main appeal. For the purposes of clarification, the time limit for the service and filing of MBQ’s cross appeal remains April 19, 2004.

[2] There will be no costs of this motion.