Landfill matter hits the courts

The first court appearance between York1 and the Municipality of Chatham-Kent is to take place March 17 in Superior Court in Chatham. The GTA-based company has issued a legal challenge against the municipality, contending it should be exempt from C-K Planning Act approvals with regard to the site's development. In the meantime, work has continued at the Dresden area property with the installation of a weigh scale last month. Pam Wright, Local Journalism Initiative Reporter

By: Pam Wright, Local Journalism Initiative Reporter, Chatham Voice

 

As the battle against York1’s plan to expand a derelict dump near Dresden, Ont. enters its third year, municipal officials and grassroots protesters remain committed to the fight.

 

In Superior Court in Chatham Mar. 17, Chatham-Kent and York1 are to meet in a courtroom for the first time in what’s being described as a “procedural” session.

 

According to C-K legal services director Emily Crawford, the initial meeting was to lay out a timeline and process for legal proceedings to follow.

 

“The first date, there will be no decision by a judge on any of the actual issues or dispute between the parties, including with respect to York1’s continued or intended use of that property,” Crawford told council at the Mar. 9 meeting. “I can’t say for certain when that ultimate hearing date will be, however, I can tell you it will be at least several months out from now.”

 

The GTA-based York1 served the legal challenge against the municipality last November, taking the position that it is exempt from Chatham-Kent’s Planning Act process on the basis of what it calls “non-conforming use.”

 

York1 maintains the business is free to go ahead with its plans to reinvent the property at 29831 Irish School Rd. north of Dresden to include recycling and soil-washing facilities, as well as creating a larger landfill based on approvals granted to the property’s former owner.

 

On the municipal side, officials cite a letter from the Ministry of Environment, Conservation and Parks stating York1 needs to adhere to the rules outlined under Chatham-Kent’s Planning Act. 

 

Along with the municipality, a number of grassroots agencies remain staunchly opposed to the York1 proposal that could see as many as 700 trucks of waste travelling to the site each day.

 

In the meantime, York1 staff are working on the site, recently installing a weigh scale on the laneway leading into the property.  

 

However, according to C-K communications manager Eric Labadie, the construction of a scale is not contrary to zoning and did not require a municipal permit. 

 

Labadie said municipal officials are continuing to monitor the property.

 

“If they were to use the property for a use that an enforcement officer does not believe meets permitted regulations, that may give rise to legal actions by the municipality,” Labadie said.

 

Dresden Citizens Against Reckless Environmental Disposal (C.A.R.E.D.) is one of the groups committed to the fight. In February the non-profit, launched by Dresden residents Stefan Premdas and Thomas Peacock, held elections. Robert Simpson is the chairman, taking over from Premdas.

 

Simpson, 71, a Nova Scotia native who is part Mi’kmaq, is a decorated Canadian Armed Forces veteran. He lives on the north branch of the Sydenham River in Wallaceburg, telling The Voice he’s fighting the York1 dump for his family’s future. 

 

“My grandchildren love to fish and they eat the fish and feed it to their children,” Simpson said. “If York1 gets their way, the river will be poisoned. I will fight for my grandchildren and great grandchildren because it’s right.”

 

Premdas, who will continue to serve on the board, said the current Ford government is reminiscent of Mike Harris’s Conservatives.

 

“The last time we saw such a consistent attack on Ontario services was under Mike Harris,” Premdas said, noting housing, social services and the environment have been especially hard hit.

 

“Our current premier is slashing and burning and creating an oligarchy within corporations in Ontario” he said. “They are going to ask for forgiveness, not permission. It’s an assumption that the government will not ask them to undo their illegal activities.”

 

Under Ontario’s Bill 5, passed in June 2025, York1 was named as one of Ontario’s “special economic zones” as part of the Protect Ontario: Unleashing Our Economy Act. It was the only company singled out in the legislation.

 

Premier Ford has said the expansion at Dresden is needed due to the threat posed by United States President Donald Trump, who Ford says may close the border to Ontario’s garbage.

 

Ontario currently exports a significant amount of waste to landfills in Michigan and New York.

 

A number of First Nation communities, including Walpole Island First Nation, have also launched action against Bill 5. Other major organizations such as Environmental Defence Canada, the Canadian Environmental Law Association and Amnesty International are part of the opposition.

 

York1’s original plan came to light in February 2024 when it was by chance discovered online on the Environmental Registry of Ontario’s website. The process has been marked by controversy, with both the municipality and WIFN saying they haven’t been consulted about the project.