The Environmental Review Tribunal has reminded all potential
appellants that they MUST correctly file their appeals, if they
want their case to be heard. In Waterdown Gardens v MOE, a
prolonged dispute between the Ministry and the company resulted in
two separate orders suspending their certificate of approval. The
company appealed the first suspension. During mediation by the ERT,
they reached Minutes of Settlement with the MOE to allow them to
reopen. Under the Minutes, the ERT retained jurisdiction, and
either side could ask to reopen the mediation.
Unfortunately, the company did not completely comply with the
settlement, and the MOE issued a second suspension order. The
company, which was self represented, wrote to the MOE protesting
that the issue was already before the ERT, and should be resolved
there, under the first order. The MOE did not respond to the
letter, and the company thought that meant the MOE had agreed to
proceed under the first order. Thus, they did not file a formal
appeal of the second order, and were shocked to discover that the
MOE now considered their original appeal moot.
This month, the ERT agreed. They can't hear an appeal
from the second suspension, because no notice of appeal was filed
on time. And they can't, any more, hear the appeal from the
first order, because it is moot. That is, the original appeal and
the first order are irrelevant, because the certificate has now
been suspended by the second order. Because of their
misunderstanding of the legal process, Waterdown Gardens is out of
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