Z. D’Onofrio

The applicant brought a motion to dismiss the objector status of two individuals who failed to appear at two case management conferences and did not respond to communications.

The Ontario Land Tribunal granted the motion, finding the objection to be frivolous and not in good faith due to the continued absence.

As they were the last remaining objectors, the Tribunal referred the aggregate license application back to the Ministry of Natural Resources and Forestry and vacated the scheduled hearing dates.

A Case Management Conference was held regarding an appeal under the Aggregate Resources Act for a Class 'A' aggregate licence.

The Tribunal confirmed the objector status of several individuals and the Ministry of Natural Resources.

The finalization of the Procedural Order and Issues List was deferred to allow the self-represented objectors time to review the Ministry's file and expert reports, after which they will confirm whether they wish to maintain objector status or change to participant status.

A second Case Management Conference and a seven-day merit hearing were scheduled.

At a Case Management Conference regarding appeals for a proposed gravel pit and aggregate extraction operation, the parties jointly requested the suspension of all remaining deliverable deadlines in the current Procedural Order.

The suspension was requested to allow for ongoing settlement discussions and consultations with Indigenous groups.

The Tribunal granted the request and directed the parties to submit a revised Procedural Order and Issues List.

At a Case Management Conference regarding appeals for a proposed gravel pit, the parties jointly requested the suspension of all remaining deliverable deadlines in the current Procedural Order.

The suspension was requested to allow for ongoing settlement discussions and the completion of consultations with Six Nations of the Grand River Elected Council and the Haudenosaunee Confederacy Chiefs Council.

The Tribunal granted the request and directed the submission of a revised Procedural Order and Issues List.

At a Case Management Conference regarding proposed aggregate extraction operations, the Ontario Land Tribunal considered whether multiple appeals under the Planning Act, Aggregate Resources Act, and Niagara Escarpment Planning and Development Act should be consolidated or heard together.

The Tribunal ordered that the matters be heard together pursuant to section 21 of the Ontario Land Tribunal Act and Rule 16 of the Tribunal's Rules of Practice and Procedure, finding it to be a fair and efficient way to deal with all issues without causing prejudice.

The Tribunal also scheduled future hearing dates and directed ongoing Indigenous consultation.

The applicant appealed the Town of Caledon's failure to make a decision on an Official Plan Amendment to permit a gravel pit.

At a Case Management Conference, the Tribunal considered requests to schedule a hearing and for an order for discovery.

The Tribunal declined to schedule a hearing or order discovery, noting that Indigenous consultation with Six Nations of the Grand River was ongoing and peer reviews were not yet complete.

A further Case Management Conference was scheduled to allow time for these processes to advance.

Jeanor Enterprises Inc. brought a motion to dismiss Lafarge Canada Inc.'s appeals of the Minister's proposed transfer of aggregate licences from Lafarge to Jeanor.

Jeanor argued the appeals were filed out of time and had no reasonable prospect of success because the Tribunal lacked jurisdiction over compensation.

The Tribunal found that the Ministry appropriately applied the Aggregate Resources Act regarding notice delivery, meaning the appeals were timely.

The Tribunal also found that previous decisions have considered compensation in licence transfers, so the appeals were not frivolous or outside its jurisdiction.

The motion to dismiss was denied, and a full hearing on the merits was directed.