Appeal of Paul Cadieux, Rajni Gupta, Rice Lake Developments Inc., Rakesh Gupta, Mohit Gupta, Dawson Massey, Donna Avery, Gregory Hayes - Order to prevent discharge of contaminants

ERO number
019-6622
Notice stage
Appeal
Appeal posted
Last updated

Appeal summary

One of the individuals named on this order has appealed the decision to issue the order.

Appeal details

Notice under section 47 of the Environmental Bill or Rights – Appeal under another Act.

This notice is given by the appellant in accordance with section 47 of the Environmental Bill of Rights, 1993. The notice was prepared by the appellant and represents its position. It does not represent or reflect the views of the Government of Ontario, nor does the Government of Ontario make any representations about the accuracy of the content of this notice.

Description of decision

The applicant is appealing the decision to be included in this order.

Grounds for the appeal

The applicant has provided the following grounds to appeal this decision;

  1. I do not have the financial ability to comply with the order. 
  2. I was unaware of the issue after doing all due diligence prior to purchasing the property as it is not reasonable that an environmental survey/investigation be done prior to the purchase of a residential home. 
  3. Prior to selling the property, full disclosure was made to the new owners as they were given a copy of the Order that was given to me in the previous owner's name. 
  4. During my ownership tenure, no such Order was issued in my name.
  5. There must be a mechanism that allows the Ministry/Township to place a notice on the property title and not allow the house to be sold, or at very least notify potential buyers. In this case, the Ministry/Township failed at allowing myself to fall victim to this.
  6. After a minimum of 40 years of the gas station not existing, why has nothing been done until now to deal with the situation? The individual/business who caused the issue should be the one responsible. 
  7. With the removal of my name from the Order, it will not interfere with the Canadian Environmental Protection Acts’ mandate of reducing the potential risk to the environment and human health.

Additional details may be found on the Ontario Land Tribunal’s Case Status page.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Connect with us

Contact

More information, including hearing dates and locations can be provided by the appellate body.  Additional information about the instrument appeal process, can be provided by the Ministry of the Environment, Conservation and Parks.

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal

Ministry of the Environment, Conservation and Parks
Environmental Bill of Rights Office
40 St. Clair Ave. West
12th Floor
Toronto, ON
M4V 1M2

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice


Original decision

Paul Cadieux, Rajni Gupta, Rice Lake Developments Inc., Rakesh Gupta, Mohit Gupta, Dawson Massey, Donna Avery, Gregory Hayes - Order to prevent discharge of contaminants

Instrument type: Order to prevent discharge of contaminants

ERO number
019-6622
Ministry reference number
1-20755483
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Notice stage
Decision Appeal
Decision posted
Comment period
February 9, 2023 - March 26, 2023 (45 days) Closed
Last updated

This consultation was open from:
February 9, 2023
to March 26, 2023

Decision summary

A director’s order was issued to past and current owners of 1376 County Road 2, Township of Leeds and the Thousand Islands, requiring the delineation of fuel related contamination originating from the property.

Location details

Site address

1376 County Road 2
Township of Leeds and the Thousand Islands, ON
K0E 1R0
Canada

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

Paul Cadieux, Rajni Gupta, Rice Lake Developments Inc., Rakesh Gupta, Mohit Gupta, Dawson Massey, Donna Avery, Gregory Hayes
1376 County Road 2
Leeds and the Thousand Islands, ON
K0E 1R0
Canada

Paul Cadieux
4 Balmoral Place, Unit #3
Brockville, ON
K6V 6K1
Canada

Rajni Gupta
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Rice Lake Developments Inc.
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Rakesh Gupta
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Mohit Gupta
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Dawson Massey
6 Caintown Road
Front of Yonge, ON
K0E 1R0
Canada

Donna Avery
1376 County Road 2
Leeds and the Thousand Islands, ON
K0E 1R0
Canada

Gregory Hayes
1376 County Road 2
Leeds and the Thousand Islands, ON
K0E 1R0
Canada

Brian Henry Clements
1624 County Rd 42
Rideau Lakes, ON
K0G 1E0
Canada

G. W. Mallory Limited
1624 County Rd 42
Rideau Lakes, ON
K0G 1E0
Canada

Lisa Ann Marie Lisqum
2834 Second Concession Rd
Elizabethtown-Kitley, ON
K6V 5T1
Canada

Ronald Isaac Fernand Lisqum
2834 Second Concession Rd.
Elizabethtown-Kitley, ON
K6V 5T1
Canada

Decision details

The director’s order was issued on June 28, 2024, to Paul Cadieux, Rajni Gupta, Rice Lake Developments Inc., Rakesh Gupta, Mohit Gupta, Dawson Massey, Donna Avery, Gregory Hayes, Brian Henry Clements, G.W. Mallory Limited, Lisa Ann Marie Lisqum and Ronald Isaac Fernand Lisqum with respect to the property located at 1376 County Road 2, Township of Leeds, and the Thousand Islands. Following the posting of the proposal, the ministry obtained additional information regarding previous owners so additional orderees were added. The ministry made all of the orderees aware that a director’s order would be issued.

The Order was issued under Sections 18 and 197 of the Environmental Protection Act.

The director’s order pertains to contaminants of concern including the following:

  • benzene
  • toluene
  • ethylbenzene
  • xylenes
  • petroleum hydrocarbons (F1 to F4 fractions)
  • polycyclic aromatic hydrocarbons

The site was contaminated with the contaminants of concern during the operation of a retail gasoline service station from the 1950s to the 1980s. The contaminants have or may have migrated off site potentially causing an adverse effect.

The director’s order requires the Orderees, jointly and severally, to undertake actions, which amongst others, include:

  • retain a qualified consultant to conduct the work required by the Order
  • submit to the director, for review and acceptance, a proposed delineation plan to fully delineate impacted groundwater which originates at and from the site
  • upon receipt of the director’s acceptance of the delineation plan, implement the plan as accepted
  • submit a delineation report to the director detailing actions taken to delineate the contaminants of concern, information collected in implementing the delineation plan as accepted and the steps that will be taken to address soil and groundwater impacts originating at and from the site.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received through the registry.

The ministry was contacted by the current owners who are orderees, expressing their disagreement with the order being issued to them. After discussion with the ministry, in 2023, the current owners of the site retained a qualified person to conduct additional assessments at the site. The issuance of this order was delayed to allow for these assessments to be completed.

These assessments confirmed that impacts are present on site, contaminated soil is an ongoing source of contamination to groundwater, and contaminants have migrated offsite. This confirms the need for the order to require all responsible parties (i.e. past and current owners) to address fuel related impacts originating from the site.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Drinking Water and Environmental Compliance Division - Kingston District Office
Address

1259 Gardiners Road
Unit 3
Kingston, ON
K7M 8S5
Canada

How to Appeal

This instrument decision can be appealed. You have 15 days from July 8, 2024 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

Start the process to appeal

If you’re an Ontario resident, you can start the process to appeal this instrument decision.

First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.

If the appellate body grants leave, the appeal itself will follow.

Seek leave to appeal

To seek leave to appeal, you need to do these three things:

  1. prepare your application
  2. provide notice to the minister
  3. mail your application to three parties

1. Prepare your application

You’ll need to prepare an application. You may wish to include the following things in your application:

  1. A document that includes:
    • your name, phone number, fax number (if any), and/or email address
    • the ERO number and ministry reference number (located on this page)
    • a statement about whether you are a resident in Ontario
    • your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
    • the parts of the instrument that you’re challenging
    • whether the decision could result in significant harm to the environment
    • the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
    • the grounds (facts) you’ll be using to appeal
    • the outcome you’d like to see
  2. A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
  3. Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered

The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:

  1. is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
  2. could the decision you wish to appeal result in significant harm to the environment?

2. Provide your notice

You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.

In your notice, please include a brief description of the:

  • decision that you wish to appeal
  • grounds for granting leave to appeal

You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3

3. Mail your application

You’ll need to mail your application that you prepared in step #1 to each of these three parties:

  • appellate body
  • issuing authority (the ministry official who issued the instrument)
  • proponent (the company or individual to whom the instrument was issued)

Issuing authority
Cathy Chisholm
District Manager

Belleville Area Office
345 College St E
Belleville, ON
K8N 5S7
Canada

1-800-860-2763

Proponent(s)

Paul Cadieux, Rajni Gupta, Rice Lake Developments Inc., Rakesh Gupta, Mohit Gupta, Dawson Massey, Donna Avery, Gregory Hayes
1376 County Road 2
Leeds and the Thousand Islands, ON
K0E 1R0
Canada

Paul Cadieux
4 Balmoral Place, Unit #3
Brockville, ON
K6V 6K1
Canada

Rajni Gupta
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Rice Lake Developments Inc.
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Rakesh Gupta
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Mohit Gupta
163 Kimber Crescent
Vaughan, ON
L4L 9K3
Canada

Dawson Massey
6 Caintown Road
Front of Yonge, ON
K0E 1R0
Canada

Donna Avery
1376 County Road 2
Leeds and the Thousand Islands, ON
K0E 1R0
Canada

Gregory Hayes
1376 County Road 2
Leeds and the Thousand Islands, ON
K0E 1R0
Canada

Brian Henry Clements
1624 County Rd 42
Rideau Lakes, ON
K0G 1E0
Canada

G. W. Mallory Limited
1624 County Rd 42
Rideau Lakes, ON
K0G 1E0
Canada

Lisa Ann Marie Lisqum
2834 Second Concession Rd
Elizabethtown-Kitley, ON
K6V 5T1
Canada

Ronald Isaac Fernand Lisqum
2834 Second Concession Rd.
Elizabethtown-Kitley, ON
K6V 5T1
Canada


Appellate body

Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca

About the Ontario Land Tribunal


Include the following:

ERO number
019-6622
Ministry reference number
1-20755483

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

Connect with us

Contact

Sign up for notifications

We will send you email notifications with any updates related to this consultation. You can change your notification preferences anytime by visiting settings in your profile page.

Follow this notice

Original proposal

ERO number
019-6622
Ministry reference number
1-20755483
Notice type
Instrument
Act
Environmental Protection Act, R.S.O. 1990
Posted by
Ministry of the Environment, Conservation and Parks
Proposal posted

Comment period

February 9, 2023 - March 26, 2023 (45 days)

Proposal details

This proposal is for a director’s order to be issued to Paul Cadieux, Rajni Gupta, Rice Lake Developments Inc., Rakesh Gupta, Mohit Gupta, Dawson Massey, Donna Avery and Gregory Hayes with respect to the property located at 1376 County Road 2, Township of Leeds, and the Thousand Islands. If approved, the Order will be issued under Sections 18 and 197 of the Environmental Protection Act.

The director’s order pertains to contaminants of concern including the following:

  • benzene
  • toluene
  • ethylbenzene
  • xylenes
  • petroleum hydrocarbons (F1 to F4 fractions)
  • polycyclic aromatic hydrocarbons

The site was contaminated with the contaminants of concern during the operation of a retail gasoline service station from the 1950s to the 1980s. The contaminants have or may have migrated off site potentially causing an adverse effect.

The director’s order will require the Orderees, jointly and severally, to undertake actions, which amongst others, include:

  • retain a qualified consultant to conduct the work required by the Order
  • submit to the director, for review and acceptance, a proposed delineation plan to fully delineate impacted groundwater which originates at and from the site
  • upon receipt of the director’s acceptance of the delineation plan, implement the plan as accepted
  • submit a delineation report to the director detailing actions taken to delineate the contaminants of concern, information collected in implementing the delineation plan as accepted and the steps that will be taken to address soil and groundwater impacts originating at and from the site.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Kingston District Office
Address

1259 Gardiners Road
Unit 3
Kingston, ON
K7P 3J6
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from February 9, 2023
to March 26, 2023

Connect with us

Contact