After the Appellant, Nestlé Canada Inc., filed its appeal, the MOE Director and the Appellant advised the Environmental Review Tribunal that they had reached a proposed settlement, in which MOE would alter Condition 3.4 and eliminate Condition 3.5 of Nestlé’s PTTW, and Nestlé would withdraw its appeal.
However, prior to the preliminary hearing, two organizations (the Council of Canadians and Wellington Water Watchers) made a request to the Tribunal to obtain party status in the proceeding. In their requests for status, the organizations indicated their position that both Conditions 3.4 and 3.5 should remain, unaltered, in the PTTW. At the preliminary hearing, held on February 21, 2013, the Tribunal found that the organizations’ participation would likely make a relevant contribution to the Tribunal's determination of whether it is acceptable to alter Condition 3.4 and eliminate Condition 3.5. Accordingly, the Tribunal granted party status to the two organizations.
After the preliminary hearing, Nestlé and the MOE Director submitted materials in support of the motion to dispose of the appeal pursuant to a settlement agreement, and the Council of Canadians and Wellington Water Watchers provided responding materials opposing the motion. On August 15, 2013, the Tribunal dismissed the motion for approval of the proposed settlement and withdrawal of the appeal, and ordered that the proceeding continue to a full hearing.
On September 17, 2013, the Appellant filed notice that it wished to withdraw its appeal. No parties objected to Nestlé withdrawal, and accordingly, on October 8, 2013, pursuant to Rule 199 of the Tribunal's Rules of Practice and Practice Directions, the Tribunal dismissed the appeal and closed its file. As a result, the PTTW continues in force, with Conditions 3.4 and 3.5 unaltered.