Ontario Land Tribunal
ISSUE DATE: April 04, 2025
CASE NO(S).: OLT-24-000920
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2
Appellant: Charles Lesaux
Appellant: Joni Porthouse
Owner: 1765616 Ontario Inc.
Respondent: Niagara Escarpment Commission
Subject: Conditions of Approval for a Development Permit Application
Description: To appeal conditional approval of a Development Permit Application to establish an on-farm diversified use on an existing single dwelling with private servicing
Reference Number.: N/C/2022-2023/531
Property Address: 3870 Tintern Road
Municipality/UT: Lincoln/Niagara
OLT Case No.: OLT-24-000920
OLT Lead Case No.: OLT-24-000920
OLT Case Name: Lesaux v. Ontario (Niagara Escarpment Commission)
Heard: February 13, 2025 by video hearing and March 30, 2025 in writing
APPEARANCES:
Parties
Counsel
Charles Lesaux
Tom Richardson
Joni Porthouse
Tom Richardson
1765616 Ontario Inc.
Meredith Baker
Town of Lincoln
Tom Halinski
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) held on February 13, 2025 and subsequent written submissions regarding appeals brought by Charles Lesaux and Joni Porthouse of the decision made by the Niagara Escarpment Commission granting a development permit to 1765616 Ontario Inc. relating to the lands located at 3870 Tintern Road (“subject property”) in the Town of Lincoln.
2The proposed development permit would allow the establishment of an event venue as an on-farm diversified use on the subject property, and the use of the existing single dwelling for meeting room, foyer/lobby, and washrooms usage for on-farm diversified use purposes. It would also recognize the expansion to an existing patio, sidewalk, and parking area and the installation of a semi-permanent tent frame.
3The Niagara Escarpment Commission did not appear at the CMC.
4At the CMC, the Town of Lincoln (“Town”) requested Party status. It submitted that the subject property is situated within the Town and that, given that noise and road use issues may arise, it has a direct interest in the proceeding, will be directly impacted by it, and can assist the Tribunal in making its Decision. It submitted that the Town has been actively engaged in consultations with the Parties and the Niagara Escarpment Commission regarding the proposed development permit. None of the Parties opposed the Town’s request and the Tribunal granted Party status to the Town as requested.
5Immediately prior to the CMC, the Tribunal received from the Parties a draft Procedural Order and Issues List. None of the Parties expressed any objections to the draft. During a short break, the Tribunal reviewed the draft Issues List and raised a concern regarding the wording of issues relating to conformity with applicable official plans. The Parties stated that they would review the Issues List, consult, and file a final version. They also stated that settlement discussions are ongoing. The Tribunal encouraged the Parties to continue these discussions.
6Subsequent to the CMC, on February 20, 2025, the Parties informed the Tribunal that settlement discussions were progressing in a positive manner. On March 30, 2025, they informed the Tribunal that a proposed settlement had been reached and they requested that a settlement hearing be convened in writing.
7The Tribunal directs that a settlement hearing will be held in writing on Friday, April 25, 2025 and requests that the Parties file evidence and submissions with the Tribunal in support of the proposed settlement by no later than Friday, April 18, 2025.
ORDER
8THE TRIBUNAL ORDERS THAT the Town of Lincoln is a Party in this proceeding.
9There will be no further notice.
10This Hearing Officer is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
HEARING OFFICER
Ontario Land Tribunal
Website: www.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.