DATE: 20040323

DOCKET: M31051 (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: A. Roman and M. Fernando For the moving party/intervenor, Ontario Waste Management Association (“OWMA”)

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

P.F. Schindler For the applicant (respondent), the Mowhawks 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 the OWMA leave to intervene in this appeal as a friend of the court. Leave is hereby granted, subject to the following conditions:

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

(b) That the OWMA will be allocated 20 minutes for oral argument;

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

(d) That the respondents will have 60 days from the service of the OWMA’s factum and the factum of St. Thomas Sanitary Collection Service Limited (Green Lane), whichever is later, to file their responding factums on the main appeal. For purposes of clarification, the time limit for the service and filing of the factum of MBQ in its cross appeal remains April 19, 2004.

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