Ontario Land Tribunal

Tribunal ontarien de l'aménagement du territoire

ISSUE DATE: July 28, 2025

CASE NO(S).: OLT-25-000395

PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended

Appellants: Mark Kosiuk and Leslie Lepard

Applicant: Adele Hinshelwood

Respondent: Niagara Escarpment Commission

Subject of appeal: Approval of a Development Permit Application to convert a portion of an existing detached accessory building (storage) into an on-farm diversified use/agricultural related use (farm product retail sales) and to permit an agri-tourism use of the existing agricultural fields

Reference No.: N/C/2023-2024/26

Property Address/Description: 598 Ridge Road

Municipality/Upper Tier: Grimsby/Niagara

OLT Case No.: OLT-25-000395

OLT Lead Case No.: OLT-25-000395

OLT Case Name: Kosiuk v. Ontario (Niagara Escarpment Commission)

Heard: July 23, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel/Representative*
Mark Kosiuk and Leslie Lepard	Mark Kosiuk*
Adéle Hinshelwood	Self-represented*
Niagara Escarpment Commission	Janet Sperling*

MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON JULY 23, 2025

1The Tribunal acts in the role as the Niagara Escarpment Hearing Office ("Hearing Office") for appeals under the Niagara Escarpment Planning and Development Act, R.S.O 1990, c. N. 2, as amended ("NEPDA").

2This Decision arises from a Case Management Conference ("CMC") convened regarding the appeal brought by Mark Kosiuk and Leslie Lepard (together, "Appellants") arising from a decision made by the Niagara Escarpment Commission ("NEC") granting conditional approval of a development permit relating to the lands located at 598 Ridge Road ("Subject Lands"), Town of Grimsby.

3The Subject Lands are within the Escarpment Protection Area where on-farm diversified uses within prime agricultural lands is a permitted use. The development permit grants conditional approval for the conversion of a portion of an existing detached accessory building into an on-farm diversified use/agricultural related use.

4The Appellants have appealed the conditional development permit stating that the "Final Site Plan has not provided detailed design related to on-site parking, pedestrian access, grading and drainage, planting/buffers, lighting, setbacks, etc.". They are seeking to modify the condition regarding the final site plan so that it will provide additional information and clarity.

STATUS REQUESTS

5The Hearing Office received no requests for Party status or Participant status prior to or during the CMC.

OPPORTUNITIES FOR SETTLEMENT/MEDIATION

6At the CMC, the Hearing Office discussed opportunities for settlement discussions. The Parties indicated that they would be interested in Tribunal-led mediation and would arrange this via the Case Coordinator. The Parties are also interested in private settlement discussions although these discussions have not yet commenced.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

7The NEC agreed to draft a Procedural Order ("PO") for review by the Parties and would update the Hearing Office by July 25, 2025, regarding the status of the PO. The draft PO was intended to be submitted to the Hearing Office by August 7, 2025.

8On July 24, 2025, the NEC informed the Hearing Office that they were not intending to participate in the proceedings nor draft the PO.

9In response to this, the Hearing Office directs that the PO, in Schedule A, will govern the pre-hearing procedural requirements and the hearing of the appeal. If the Parties would like to amend or discuss the details of this PO, they may contact the Case Coordinator.

SCHEDULING

10At the CMC, the Parties advised the Hearing Office that they were seeking a 1-day hearing.

11A 1-day hearing for OLT Case File No. OLT-25-000395 is scheduled to commence on Friday, September 26, 2025 at 10 a.m. by video Hearing.

12Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before the event begins to test their video and audio connections:

GoTo Meeting: https://global.gotomeeting.com/join/656004293

Access Code: 656-004-293

13Parties and/or Participants and/or observers are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The Access Code is: 656-004-293.

15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal's Case Coordinator having carriage of this case.

ORDER

16THE TRIBUNAL ORDERS THAT:

(a) this matter has been scheduled for a hearing as described above; and

(b) the Procedural Order appended as Schedule A shall govern this proceeding.

"A. Snowdon"

A. SNOWDON

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.

SCHEDULE A

PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended

Appellants: Mark Kosiuk and Leslie Lepard

Applicant: Adele Hinshelwood

Respondent: Niagara Escarpment Commission

Subject of appeal: Approval of a Development Permit Application to convert a portion of an existing detached accessory building (storage) into an on-farm diversified use/agricultural related use (farm product retail sales) and to permit an agri-tourism use of the existing agricultural fields

Reference No.: N/C/2023-2024/26

Property Address/Description: 598 Ridge Road

Municipality/Upper Tier: Grimsby/Niagara

OLT Case No.: OLT-25-000395

OLT Lead Case No.: OLT-25-000395

OLT Case Name: Kosiuk v. Ontario (Niagara Escarpment Commission)

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 September 26, 2025 at 10:00am by video hearing.

3. The parties' initial estimation for the length of the hearing is one (1) day. 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 above (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List. 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 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 August 1, 2025 and in accordance with paragraph 19 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. 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 12 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.

11. 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 12 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 12 below.

12. On or before August 11, 2025, 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 19 below.

13. On or before August 20, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 19 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. On or before September 3, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

15. On or before August 5, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 19 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

16. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 19 below.

17. 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.

18. 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.

19. All filings shall be submitted electronically and 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.

20. 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.

So orders the Tribunal.

Attachment to Sample Procedural Order 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.

Issue List: M. Kosiuk and L. Lepard

The specific grounds of appeal are:

1. The Final Site Plan has not provided detailed design related to on-site parking, pedestrian access, grading and drainage, planting/buffers, lighting, setbacks, etc.