Trent Johnson

The appellant appealed the Township's failure to make a decision on applications for Site Plan Approval and the removal of a Holding Provision to permit the construction of a large-scale outdoor storage facility for biosolid fertilizer pellets.

The Township opposed the applications, citing concerns regarding stormwater run-off, fire hazards, odour, and dust.

The Tribunal allowed the appeals in part, finding that the appellant's engineered design and extensive modelling adequately addressed the Township's speculative concerns.

The Tribunal approved the site plan subject to the parties entering into a site plan agreement, after which the holding provision would be lifted.

The applicants sought $125,000 in costs following a successful application under the Farming and Food Production Protection Act, alleging the respondent municipality engaged in unreasonable conduct by shifting its position, failing to present evidence, and maligning character.

The Normal Farm Practices Protection Board dismissed the applicants' costs request, finding the municipality's conduct was not unreasonable.

The Board awarded the municipality $1,000 in costs for having to respond to the applicants' substantially meritless costs request.

The appellant, Association of Ontario Chicken Processors, brought a motion seeking an order requiring the respondent, Ontario Broiler Hatching Egg & Chick Commission, to provide a detailed list of tasks and associated hours for the annual hatching egg producer hours considered in the cost of production formula.

The respondent argued the issue of all production hours was not properly before the Tribunal and that the motion was an improper attempt to request new evidence.

The Tribunal found it had jurisdiction to order particulars related to management labour hours, which were properly under appeal, but not production labour hours.

The motion was granted in part, ordering the respondent to provide a detailed list of tasks and associated hours for management hours.