Stewart McLellan

The Regional Municipality of Niagara issued an order under s. 100.1 of the Environmental Protection Act to recover over $3.6 million in cleanup costs related to a spill.

Several named parties appealed the order to the Environmental Review Tribunal.

Prior to the hearing, the Region proposed revoking the order against one appellant whose estate lacked funds, and two other appellants sought to withdraw their appeals.

The Tribunal found the revocation consistent with the Act's purpose and the public interest, and accepted the withdrawal of the remaining appeals, dismissing the proceedings.

The Regional Municipality of Niagara issued an order under s. 100.1(1) of the Environmental Protection Act against several persons to recover costs incurred for cleaning up a spill.

Several named persons appealed the order.

The Region subsequently advised the Tribunal that it intended to revoke the order against four of the appellants, as they did not have ownership or control of the pollutants.

The Tribunal found the proposed revocation to be consistent with the purpose of the Act and in the public interest, revoked the order against those four appellants, and dismissed their appeals.

The Director of the Ministry of the Environment and Climate Change issued an order regarding a spill of environmental contaminants at a site in Fort Erie.

Several parties appealed the order.

After the required remediation work was completed by some of the appellants, the Director proposed to revoke the order.

The Environmental Review Tribunal found the proposed revocation to be consistent with the purpose of the Environmental Protection Act and in the public interest.

The Tribunal revoked the order and dismissed the appeals.

The Regional Municipality of Niagara issued an order under s. 100.1 of the Environmental Protection Act to recover clean-up costs related to a spill.

Several named persons appealed the order and filed a Notice of Allegation against other parties, including the Town of Fort Erie.

The Town of Fort Erie requested party status in the proceeding.

The Tribunal granted the Town party status, finding its interests may be directly and substantially affected by the outcome of the appeal.

The Tribunal also set a schedule for motions and the main hearing.

The Tribunal held a preliminary hearing by telephone conference call regarding appeals of a Director's Order related to a spill of environmental contaminants.

Several entities requested party status.

Finding that the entities were named in a Notice of Allegation and could be directly affected by the outcome of the appeal, the Tribunal granted party status to Amercoat Canada, Rubyco Ltd., and Danroh Inc. The preliminary hearing was adjourned to allow for the completion of work required under interim amendments to the Director's Order.

At a preliminary hearing regarding an appeal of a Director's Order related to an environmental spill, several individuals and entities sought party and participant status.

The Tribunal granted party status to several potential orderees and individuals named in the order, finding their interests could be directly and substantially affected.

The Regional Municipality of Niagara was granted participant status due to its genuine interest as an adjacent property owner.

The preliminary hearing was adjourned to allow ongoing remediation work to proceed.