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Hearing Officer resolves disputes over draft Procedural Order and issues list for Niagara Escarpment development appeals.
A pre-hearing conference was held regarding appeals of the Niagara Escarpment Commission's refusal of a development permit application and a related plan amendment application by the Township of Clearview.
The Hearing Officer addressed the impact of the upcoming Ontario Land Tribunal Act on participant and presenter status.
The Hearing Officer also resolved disagreements between the parties regarding the draft Procedural Order, specifically concerning the scheduling of an evening session and the wording of several items on the Consolidated Issues List.
Appeal of wind facility Renewable Energy Approval dismissed following withdrawal on consent.
The appellant appealed a Renewable Energy Approval for a wind facility project.
Following mediation, the parties reached a settlement agreement that did not alter the approval.
The appellant withdrew the appeal on consent of all parties.
The Environmental Review Tribunal dismissed the proceeding without costs pursuant to Rule 199 of its Rules of Practice.
Tribunal denies lengthy adjournment in wind project appeal to preserve statutory six-month deadline.
The Appellant appealed a Renewable Energy Approval for a wind project.
At a preliminary hearing, the Tribunal considered several motions.
The Tribunal granted requests for party, participant, and presenter status, and granted the Appellant's consent motions for a short adjournment and to allow two expert witnesses to testify by videoconference.
However, the Tribunal dismissed the Appellant's request for a lengthier adjournment to gather additional evidence, finding it would jeopardize the statutory six-month deadline without meeting the necessity test.
The Tribunal also modified the Appellant's proposed issues list to clarify that the appeal is limited to concerns about contamination from substances related to the radionuclide decay chain, rather than general heavy metal contamination.
Hearing adjourned on consent to allow the appellant to apply for a Niagara Escarpment Plan amendment.
The appellants appealed the refusal of a development permit application to reconstruct a sideroad from seasonal to year-round use.
During a pre-hearing conference, the Township of Clearview requested a six-month adjournment because the proposed road work would encroach into wetland areas, requiring an application to amend the Niagara Escarpment Plan.
All parties consented to the adjournment.
The Hearing Officers granted the adjournment and vacated the previously scheduled hearing dates to allow the amendment process to take place.
Tribunal issues procedural order granting status requests and setting schedule for renewable energy approval appeal.
The Environmental Review Tribunal issued a procedural order following a preliminary hearing regarding an appeal of a Renewable Energy Approval for the North Kent Wind 1 Project.
The Tribunal granted participant, presenter, and party status to various individuals and the Municipality of Chatham-Kent, subject to conditions.
The Tribunal also granted the appellant's requests for an extension to serve disclosure, to have two witnesses testify by videoconference, and for a short adjournment of the hearing start date.
The scope of the appeal was defined to include both serious harm to human health and serious and irreversible harm to the natural environment.
Procedural order issued setting hearing dates and evidentiary requirements for development permit appeal.
The Niagara Escarpment Hearing Office issued a procedural order following a pre-hearing conference regarding appeals from the refusal of a development permit application to reconstruct 26/27 Sideroad.
The order sets out the organization of the hearing, including dates for the continuation of the pre-hearing conference, motions, and the main hearing, as well as requirements for witness lists, expert meetings, and the exchange of evidence.
Requests for party, participant, and presenter status granted at pre-hearing conference for development permit appeal.
At a pre-hearing conference regarding an appeal of the Niagara Escarpment Commission's refusal to issue a development permit for road reconstruction, several individuals and organizations requested party, participant, or presenter status.
The Hearing Officers granted the requests, finding that the applicants met the respective requirements under the Rules of Practice, as their interests could be directly and substantially affected by the hearing and they had a genuine interest in the subject matter.
Serious intoxication incident justified interim variation of parenting order and strict alcohol monitoring.
The applicant brought a motion seeking an interim variation of a prior custody and access order following an incident where the respondent became severely intoxicated while caring for the parties’ young children, leaving them unsupervised and causing police involvement.
The court found that the seriousness of the incident constituted a material change in circumstances affecting the best interests of the children under s. 29 of the Children’s Law Reform Act.
While rejecting the applicant’s request to restrict the respondent to day-only supervised access by a professional supervisor, the court ordered a temporary variation requiring supervised access with the respondent’s parents and continued alcohol monitoring through a SCRAM bracelet.
The court imposed a regime allowing limited overnight access and ordered that any monitored alcohol consumption would immediately suspend access.
The order was subject to review after six months.
