Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 13, 2026
CASE NO(S).: OLT-25-000827
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: Trent Bell
Appellant (jointly): Angelo and Kim Blum
Applicants: Matthew and Christine Bray
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct a single dwelling, a gravel driveway extension and a private sewage system, and to recognize an existing garden shed
Reference No.: 2024-00173
Property Address/Description: 338166 Concession 11
Municipality/Upper Tier: Meaford/Grey
OLT Case No.: OLT-25-000827
OLT Lead Case No.: OLT-25-000827
OLT Case Name: Bell v. Ontario (Niagara Escarpment Commission)
Heard: January 30, 2026 In-person and by Video Hearing
Parties and Counsel/Representative
| Parties | Counsel/Representative* |
|---|---|
| Angelo and Kim Blum | Self-represented* |
| Trent Bell | Self-represented* |
| Matthew and Christine Bray | Emraan Dharsi |
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JANUARY 30, 2026 AND ORDER OF THE TRIBUNAL
1On January 30, 2026, a Case Management Conference ("CMC") was held regarding appeals brought by Trent Bell and by Angelo and Kim Blum (together, "Appellants") under s. 25(5.1) of the Niagara Escarpment Planning and Development Act ("Act"). The appeals arise from the approval by the Niagara Escarpment Commission ("Commission") of a development permit application filed by Matthew and Christine Bray ("Applicants") relating to the lands located at 338166 Concession 11 in the Municipality of Meaford. The Commission did not attend the CMC.
2To accommodate the needs of the Appellants and the Applicants, the CMC was held as a hybrid hearing, with the Appellants attending in-person in the Municipality of Meaford and the Applicants attending by video.
3Prior to the CMC, the Parties filed draft issues lists ("Issues Lists"). Upon review of the submitted drafts, the Hearing Officer requested that the Parties revise their drafts to ensure that the issues listed are within the jurisdiction of the Hearing Officer to adjudicate and are relevant to the appeal.
4The task of a Hearing Officer on a development permit appeal under s. 25(5.1) of the Act is to determine whether the decision of the Commission is correct and should not be changed. In determining whether the Commission’s decision is correct and should not be changed, the Hearing Officer will consider whether the relevant laws and policies were applied, including the Niagara Escarpment Plan and the Provincial Planning Statement, 2024 ("PPS").
5The purpose of an Issues List is to set out the specific matters to be adjudicated by the Hearing Officer when determining whether the Commission’s decision is correct and should not be changed. In the present case, it should identify the laws and policies that the Appellants believe were not properly applied by the Commission when making its decision. When formulating an Issues List, the Parties must focus on what the Commission’s decision permits and what it does not permit. Uses and activities that are not included in the Commission’s decision as permitted uses, generally are not permitted and generally are not needed to be addressed as issues in a third-party appeal, such as in the present case.
6The completion of an Issues List provides a fair mechanism to ensure that all Parties are aware of the focus of the hearing and are able to properly prepare for it. It allows Parties to be able to identify the necessary witnesses and evidence to support their cases and to make relevant submissions at the hearing on the merits. Each issue on an Issues List should be short, concise, and to the point. It should precisely set out what the issue is and provide a reference to the specific law or policy that is being relied on. An Issues List should not set out a Party’s position or submissions on an issue. It should solely identify the issue to be adjudicated and provide a precise reference to the sections of the law or policy that apply, such as a specific section in the Niagara Escarpment Plan or the PPS.
7The Hearing Officer encouraged the Parties to consult and to consider engaging in settlement discussions.
8Mr. Bell stated that he intends to retain counsel. The Hearing Officer agreed to allow time for Mr. Bell, and for any other Party, to retain counsel, revise their Issues Lists, and consult with the other Parties in finalizing a draft Procedural Order.
9The Hearing Officer directs that the Parties revise their Issues Lists, consult, and then file a finalized draft Procedural Order and Issues List with the Tribunal’s Case Coordinator by no later than Friday, March 27, 2026, after which time the Hearing Officer will set hearing dates.
10This Hearing Officer remains 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.