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
