Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 18, 2025
CASE NO(S).: OLT-25-000407
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant: Tomaz Skrban
Respondent: Niagara Escarpment Commission
Subject of appeal: Refusal of a Development Permit Application to sever an existing lot into three additional lots and to retain a lot to construct a single dwelling, driveway, and private sewage treatment system on two of the proposed vacant lots
Reference No.: N/R/2022-2023/674
Property Address/Description: 457 Main Street West
Municipality/Upper Tier: Grimsby/Niagara
OLT Case No.: OLT-25-000407
OLT Lead Case No.: OLT-25-000407
OLT Case Name: Skrban v. Ontario (Niagara Escarpment Commission)
Heard: August 5 and 8, 2025 by Video Hearing
| Parties | Counsel/Representative* |
|---|---|
| Tomaz Skrban | Self-represented* |
| Niagara Escarpment Commission | Demetrius Kappos (on August 5, 2026 only) Margaret McCloskey |
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) commenced on August 5, 2025, and continued on August 8, 2025, regarding an appeal brought by Tomaz Skrban regarding the refusal by the Niagara Escarpment Commission of a development permit application relating to the lands located at 457 Main Street, in the Town of Grimsby.
2At the CMC, the Parties discussed and agreed to the content of a draft Procedural Order and Issues List. Subsequent to the CMC, they forwarded a final draft to the Tribunal, which the Tribunal has now reviewed and approves. Attached as Appendix 1 to this Order and Decision is the approved Procedural Order for this proceeding.
3The Parties expressed an interest in engaging in settlement discussions and possibly participating in Tribunal-assisted mediation. The Hearing Officer encouraged the Parties to engage in settlement discussions and to contact the Tribunal if they find that Tribunal-assisted mediation is needed.
4The Parties described the number and types of witnesses that they anticipate calling and made submissions on the expected duration of the hearing. The Tribunal scheduled a 1-day hearing for Monday, November 24, 2025, commencing at 10 a.m.
5The Parties and/or Participants and/or Observers are asked to log in to the hearing by video at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
6Parties and/or Participants 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html.
7Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll Free: 1-888-299-1889. The access code is: 687-587-165.
8Individuals 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 hearing 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
9THE TRIBUNAL ORDERS THAT the Procedural Order attached as Appendix 1 to this Order and Decision governs this proceeding and that the hearing is scheduled as set out above.
10There will be no further notice.
11This 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.
Appendix 1
Procedural Order
ISSUE DATE:
CASE NO(S).: OLT-25-000407
PROCEEDING COMMENCED UNDER Section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Applicant(s)/Appellant(s): Tomaz Skrban
Respondent: Niagara Escarpment Commission
Subject: Refusal of a Development Permit Application to sever an existing lot into three additional lots and to retain a lot to construct a single dwelling, driveway, and private sewage treatment system on two of the proposed vacant lots
Property Address/Description: 457 Main Street West
Municipality: Grimsby/Niagara
Reference No.: N/R/2022-2023/674
OLT Case No.: OLT-25-000407
OLT File No.: OLT-25-000407
OLT Case Name: Skrban v. Ontario (Niagara Escarpment Commission)
- 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
The video hearing will be held on November 24, 2025 beginning at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is ONE 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.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
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.
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.
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.
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
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 September 30, 2025 (at least 55 days prior to the start of the hearing ) and in accordance with paragraph 21 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.
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.
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.
On or before October 10, 2025 (at least 45 days prior to the start of the hearing), 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 21 below.
On or before October 10, 2025 (at least 45 days prior to the start of the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal
On or before October 20, 2025 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
Parties may provide to all other parties and the OLT case co-ordinator written reply statements, if any, in response to any written evidence on or before October 30, 2025 (at least 25 days) before the commencement of the hearing, in accordance with paragraph 21 below.
On or before November 14, 2025 (at least 10 days prior to the start of the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before November 14, 2025 (at least 10 days prior to the start of the hearing).
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.
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.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 17, 2025 (at least 7 days prior to the start of the hearing) 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.
All filings shall be submitted electronically unless otherwise directed. 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.
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 Hearing Officer is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
____________________________
TRIBUNAL REGISTRAR
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.
ATTACHMENT 1
Parties and Participants identified at the case management conference.
Parties:
Tomaz Skrban (Appellant)
Niagara Escarpment Commission (Respondent)
ATTACHMENT 2
Issues List
Was the Niagara Escarpment Commission decision to refuse the Development Permit application correct given the reasons it identified, namely:
- The proposal conflicts with the lot creation policies of Part 1.4.4 of the NEP.
- The proposal conflicts with Parts 2.2.1., 2.4.1., 2.4.2, 2.4.3., 2.4.4., 2.4.5., 2.4.20., and 2.12.5. of the NEP.
- The proposal is not consistent with sections 2.5.2 and 4.3.3.1 of the 2024 PPS.
- The Town of Grimsby objects to the approval of the application
- The application does not conform to the Town of Grimsby’s Official Plan.
- The Region of Niagara objects to the approval of the application.
- The application does not conform to the Region of Niagara’s Official Plan.
ATTACHMENT 3
Order of Evidence
- Tomaz Skrban (Appellant)
- Niagara Escarpment Commission (Respondent)
- Tomaz Skrban (Appellant) (Reply Evidence, if any)