Week Two consisted of three days of evidence in chief and cross examination of MoB experts. Friday was dedicated to Niagara Escarpment Commission planner Brendan Henderson providing evidence in chief with follow up cross examination by our lawyer David Donnelly.
Day 6 Ann Egan – Applicant’s wastewater engineer for MoB
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- Finished evidence in chief on Tuesday
- Tertiary treatment system engineer for MoB
- Provided mostly credible engineering evidence about the Waterloo Biofilter operation
- Admitted in cross-examination that the systems have a 24-40 year lifespan; and conceded they have only been in existence since the late 1990s
- Relied heavily on the Building Code as the primary enforcement mechanism if/when there is a system failure (this happens to be untrue, as the Town witness D. Haines will confirm)
- Failed to impress the Tribunal that in case of failure, there are sufficient conditions or mitigation to protect residents and brook trout
Day 7 Kristie Quinn, Environmental Planner MoB
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- Evidence in chief and cross examination
- Environmental Planner who is not a Registered Professional Planner, more of a “Project Manager”
- Admitted in cross-examination she is not a fisheries biologist, not qualified to provide evidence re brook trout lifecycle, habitat, survey work, etc.,
- Confirmed in cross-examination there is no records for seeps and springs observations, and consequently not mitigation plan for brook trout
- Evidence appeared somewhat clumsy in respect of need to measure brook trout and Significant Wildlife Habitat
- Offered opinion, lacking proper credentials, that brook trout can survive in 3mg/L nitrate contaminated water, stating fish are only vulnerable at far higher CCME “toxic” levels, proving she knows nothing about brook trout
- During her cross-examination, after some clever questioning, the OLT Chair confirmed that the proposed dry ponds for infiltration are rapid infiltration ponds, when Mr. Flowers objected
Day 7/8 Michael Wynia, Land use and environmental planning MoB
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- Evidence in chief and cross examination
- Cross examination was at times excruciating, as Mr. Wynia had to be repeatedly reminded to answer simple questions
- Tried to convince the Tribunal he was an expert on climate change modelling, after having taken a “certificate” course at U of T, and a climate change course in the early 1980s (which is likely bogus)
- OLT chair confirmed that Mr. Wynia is not a climate change expert
- Mr. Wynia admitted under cross that the climate change mitigation tools would be “encouraged” but in no way are guaranteed to be implemented, admitting that “cost” will be the determining factor
Day 9 Brendan Henderson, Planner NEC
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- Evidence in chief and cross examination
- Largely read from his Witness Statement
- Admitted that he inherited the file from Nancy Mott (BCO summons witness)
- Strangely parroted Mr. Wynia evidence that environmental technologies were guaranteed e.g. high performance windows
- Recited Conditions and policies at great length, without solid foundation in hydrogeology e.g. where does water go, how to enforce Tertiary systems
The OLT have issued the following update to the hearing plan. Please note our witnesses appear next week. This is what to expect:
DAY 10 – Monday, February 24, 2025
AM:
- Luis Lasso Arboleda (BCO – under summons)
- BCO Examination (1 hour)
- Cross Examination – Manors (0.5 hours)
- Cross Examination – NEC (0.25 hours)
- Drew Haines (BCO – under summons)
- BCO Examination (1 hour)
PM:
- Drew Haines (BCO – under summons)
- Cross Examination – Manors (0.5 hours)
- Cross Examination – NEC (0.25 hours)
- Cross Examination – Town (0.25 hours)
- Leslie Stanfield (BCO – aquatic biology)
- Direct Examination (1.5 hours)
DAY 11 – Tuesday, February 25, 2025
AM:
- Leslie Stanfield (BCO – aquatic biology)
- Direct Examination (1.5 hours)
- Cross Examination – Manors (1 hour)
PM:
- Leslie Stanfield (BCO – aquatic biology)
- Cross Examination – NEC (0.5 hours)
- Garry Hunter (BCO – hydrogeology)
- Direct Examination (2.5 hours)
DAY 12 – Wednesday, February 26, 2025
AM:
- Garry Hunter (BCO – hydrogeology)
- Direct Examination (2.5 hours)
PM:
- Garry Hunter (BCO – hydrogeology)
- Direct Examination (1 hour)
- Cross Examination – Manors (1.5 hours)
DAY 13 – Thursday, February 27, 2025
AM:
- Garry Hunter (BCO – hydrogeology)
- Cross Examination – Manors (1 hour)
- Cross Examination – NEC (0.5 hours)
- Nancy Mott (BCO – under summons)
- BCO Examination (1 hour)
PM:
- Nancy Mott (BCO – under summons)
- BCO Examination (1 hour)
- Manors Cross Examination (1.5 hours)
- NEC Cross Examination (0.5 hours)
DAY 14 – Friday, February 28, 2025
AM:
- Reply Evidence of Manors (if any)
PM:
- Closing Submissions
- Manors
- NEC
- Town of Caledon
- BCO
- Manors Reply
If you would like to access the OLT hearing, please follow the instructions at this link:
IMPORTANT Information Regarding the Manors of Belfountain OLT Hearing Feb 10th, 2025 at 10 a.m.