Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 28, 2025

CASE NO.: OLT-25-000487

PROCEEDING COMMENCED UNDER subsection s. 28.1(20) of the Conservation Authorities Act, R.S.O. 1990, c. C.27.

Applicant/Appellant: Janoah Young

Respondent: Saugeen Valley Conservation Authority

Subject: Appeal of the refusal of permission

Description: To permit an existing single detached dwelling.

Property Address: 230 Maggie Street

Municipality/UT: Arran-Elderslie/Bruce

OLT Case No: OLT-25-000487

OLT Case Name: Young v. Saugeen Valley Conservation Authority

BEFORE:

C. Hardy, VICE-CHAIR

Friday, the 28th day of November, 2025

THIS MATTER having come before the Tribunal as a Case Management Conference on October 16, 2025 and the Tribunal having directed the Parties to prepare a draft Procedural Order by October 27, 2025 which included the number of hearing days requried;

AND THE TRIBUNAL having followed up with Counsel for Saugeen Valley Conservation Authority via e-mail and telephone on 5 separate occasions to comply with the Tribunal’s direction and provide input into the Procedural Order prior to issuance;

AND THE TRIBUNAL not having received a response from Counsel for Saugeen Valley Conservation Authority to any of the Tribunal’s communications;

THE TRIBUNAL ORDERS that the Procedural Order, as filed by Janoah Young, and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on April 27, 2026. The Tribunal has set aside 3 days for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN

REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Schedule A

ISSUE DATE: _____________________ CASE NO(S).: OLT-25-000487

PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27.

Applicant/Appellant: Janoah Young

Respondent: Saugeen Valley Conservation Authority

Subject: Appeal of the refusal of permission

Description: To permit an existing single detached dwelling.

Property Address: 230 Maggie Street

Municipality/UT: Arran-Elderslie/Bruce

OLT Case No: OLT-25-000487

OLT Case Name: Young v. Saugeen Valley Conservation Authority

PROCEDURAL ORDER

WHEREAS a Case Management Conference has been conducted in respect of the above matter;

NOW THEREFORE the Tribunal orders and directs as follows:

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on April 27, 2026 at 10:00 a.m. at the following link: https://global.gotomeeting.com/join/709076365 Access Code: 709-076-365

3. The parties’ initial estimation for the length of the hearing is three (3) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see Attachment 4 for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before January 9, 2026 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before January 23, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before January 30, 2026.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before March 2, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. Not applicable as there are no participants. On or before ·, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before March 13, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before April 13, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence by no later than March 30, 2026 in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before April 17, 2026.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before April 20, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically or in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

____________________________ TRIBUNAL REGISTRAR

SUMMARY OF DATES

DATE	EVENT
January 9, 2026	Exchange List of Proposed Witnesses (para. 9)
January 23, 2026	Deadline for Expert Witness Meeting (para. 10)
January 30, 2026	Deadline for Statement of Agreed Facts and Issues (para. 10)
March 2, 2026	Deadline for Witness Statements, Expert Witness Statements, Participant Statements and Visual Evidence (paras. 13 to 15)
April 13, 2026	Deadline for Visual Evidence (para. 16)
March 30, 2026	Deadline for Reply Witness Statements (para. 17)
April 17 and 20, 2026	Deadline for Joint Document Book / Hearing Plan (paras. 18 and 20)

ATTACHMENT 1

LIST OF PARTIES

PARTIES	COUNSEL
1. Janoah Young Appellant/Applicant	Miller Thomson LLP 115 King Street South, Suite 300 Waterloo ON M5K 1B7 Steven O’Melia Email: somelia@millerthomson.com Tel: 519.593.3289
2. Saugeen Valley Conservation Authority Respondent	Loucks & Loucks LLP 84 1st Avenue South, Box 430 Chesley, ON N0G 1L0 Andrew P. Loucks Email: aloucks@louckslaw.onmicrosoft.com Tel: 519.363.3223

OLT CASE COORDINATOR

1. Chris Guo Case Coordinator/Planner	Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Email: Chris.Guo@ontario.ca Tel: 437.217.1505

ATTACHMENT 2

ISSUES LIST

The identification of an issue on this list does not mean that all parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.

1. Is it appropriate to permit the dwelling that was constructed under a municipal building permit (the “Dwelling”) on the residentially zoned lot at 230 Maggie Street (the “Property”) to remain in place, subject to implementing appropriate mitigation measures?

2. Has it been demonstrated that the Dwelling jeopardizes the health and safety of persons to the extent that all development on the Property should be prohibited?

3. Does the existing grading of the Property effectively manage water runoff by directing it in accordance with municipal infrastructure standards and incorporating permeable surfaces and bioswales to decelerate and regulate water flow?

4. Would the measures identified in the geotechnical investigation and slope stability report submitted by the Appellant as part of the permit application contribute to slope stabilization and address erosion-related concerns?

5. Can the excavation that occurred at the toe of the valley slope behind the dwelling when the site was being prepared for construction be supported if the stable slope excavation and retaining wall construction recommendations provided by the Appellant’s geotechnical engineer are incorporated?

6. Has it been demonstrated by the Appellant that the Dwelling is adequately elevated for various flood scenarios, including the 100-year flood?

7. Has it been demonstrated that the foundation and superstructure of the Dwelling would withstand even the most extreme Regional Flood event flow velocities and impact forces?

8. Would requiring the demolition of the Dwelling and the prohibition of development on the Property be consistent with the Province’s housing goals and policies as set out in the Provincial Policy Statement, 2024?

9. Are there are other existing homes in the area of the Dwelling that are at lower elevations and do not have any of the mitigation measures that are proposed for the Property and Dwelling?

10. What regard, if any, should be given to the fact that the SVCA refusal was made by a 5 to 4 margin, with one abstention?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Janoah Young
2. Saugeen Valley Conservation Authority
3. Janoah Young (in reply)

ATTACHMENT 4

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.