Lewis (C.H.) (Lucan) Ltd. v. Director of Environmental Approvals and Project Engineering for the Ontario Minister of the Environment, Nippa, Wells, Taylor and Environmental Appeal Board (Ont.), (1985) 8 O.A.C. 236 (DC)

• Judge: Reid, Steele and O'Brien, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: February 25, 1985
• Jurisdiction: Ontario
• Citations: (1985), 8 O.A.C. 236 (DC)

Lewis Ltd. v. Env. Approvals Director (1985), 8 O.A.C. 236 (DC)

MLB headnote and full text

In The Matter Of a notice altering Provisional Certificate of Approval No. A041002 dated the 27th day of January, 1983, issued to C.H. Lewis (Lucan) Ltd. by the Director, Ministry of the Environment, regarding a waste disposal site located on Lot No. 24, Concession 3, Township of Biddulph, Middlesex County, Ontario.

C.H. Lewis (Lucan) Limited v. Director of Environmental Approvals and Project Engineering for the Ontario Ministry of the Environment, Nippa, Nippa, Wells, Taylor and Environmental Appeal Board

Indexed As: Lewis (C.H.) (Lucan) Ltd. v. Director of Environmental Approvals and Project Engineering for the Ontario Minister of the Environment, Nippa, Wells, Taylor and Environmental Appeal Board (Ont.)

Ontario Divisional Court

Reid, Steele and O'Brien, JJ.

February 25, 1985.

Summary:

The Director of Environmental Approvals and Project Engineering restricted the amount of waste which could be deposited at a waste disposal site to that coming from three adjacent municipalities. The operator of the waste disposal site appealed.

The Environmental Appeal Board confirmed the Director's decision, and added two further conditions. One was not contested; the other required the operator to cease his operations by November 1984. The operator appealed.

The Ontario Divisional Court allowed the appeal in part. The court affirmed the first two conditions imposed by the Board, but struck out the Board's order requiring the operator of the disposal site to cease operations.

For a previous case involving the same parties, see 4 O.A.C. 144.

Administrative Law - Topic 9068

Boards and tribunals - Jurisdiction - Environmental Appeal Board (Ont.) - The Environmental Appeal Board heard an appeal from a decision by the Director of Environmental Approvals restricting the amount of waste which could be disposed of on the appellant's disposal site - The Ontario Divisional Court held that the Board exceeded its jurisdiction by dealing with revocation of the appellant's certificate of approval and ordering it to cease operations by a certain date - See paragraphs 5 to 12.

Pollution Control - Topic 8066

Land - Waste disposal - Authority - Jurisdiction - The Ontario Divisional Court held that the Director of Environmental Approvals for the Ministry of the Environment had jurisdiction to limit the size of the appellant's waste disposal operation by reference to geographic areas to be serviced - See paragraphs 13 to 21.

Cases Noticed:

Re Horan and Minister of Natural Resources (1974), 3 O.R.(2d) 533, not appld. [para. 8].

Re Township of Harwich and Ridge Landfill Corp. Ltd. et al. (1981), 127 D.L.R.(3d) 134, refd to. [para. 14].

Statutes Noticed:

Environmental Protection Act, S.O. 1971, c. 86, now R.S.O. 1980, c. 141, sect. 27 [para. 19]; sect. 30(1) [paras. 17, 20]; sect. 123 [para. 11]; sect. 124 [para. 7].

Counsel:

Stephen R. Garrod, for the appellant;

Steven Shrybman, for Mr. and Mrs. Nippa, respondents;

John R. Tidball, for the respondent, Director.

This appeal was heard before Reid, Steele and O'Brien, JJ., of the Ontario Divisional Court on February 11-13, 1985. The decision of the Divisional Court was delivered by O'Brien, J., and released on February 25, 1985.