Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 19, 2026
CASE NO(S).:
OLT-25-000823
PROCEEDING COMMENCED UNDER subsection 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellant:
Johnnie Nielsen
Applicant:
Donald Macdow
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to permit a wedding event venue (On-farm diversified use), secondary to an existing agricultural operation on an existing lot
Reference No.:
P/C/2023-2024/380
Property Address/Description:
16847 Heart Lake Road
Municipality/Upper Tier:
Caledon/Peel
OLT Case No.:
OLT-25-000823
OLT Lead Case No.:
OLT-25-000823
OLT Case Name:
Nielsen v. Ontario (Niagara Escarpment Commission)
Heard:
January 22, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
Johnnie Nielsen
Trent Norris
Donald & Tabitha Macdow and 1001374694 Ontario Inc.
Matt Hodgson
Niagara Escarpment Commission
Paul Johnson
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON Janauary 22, 2026
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.
2This Decision arises from a Case Management Conference (“CMC”) convened regarding the appeal brought by Johnnie Nielsen (“Appellant”) arising from a decision made by the Niagara Escarpment Commission (“NEC”) granting approval of a Development Permit to Donald and Tabitha Macdow (together, “Applicants”) to permit a wedding event venue on the lands located at 16847 Heart Lake Road (“Subject Land”), Caledon.
3The Subject Land is located north of Heart Lake Road and contains a single-dwelling, several barns and accessory buildings. The area is primarily agricultural operations with rural residential properties, woodlands, and wetlands nearby. The Development Permit grants approval for a wedding event venue as an on-farm diversified use (“OFDU”).
4The Appellant has appealed the conditional Development Permit stating that:
a. The Applicants are not the legal nor beneficial owner of the Subject Lands.
b. The Development Permit is not in conformity with the Niagara Escarpment Plan.
c. The Development Permit is not in conformity with the Provincial Planning Statement 2024.
d. The Development Permit is inconsistent with prior decisions of the NEC.
e. There is no planning justification for the Development Permit.
f. There will be adverse impacts to natural heritage features and species habitats.
g. The Development Permit will exceed the allowed 2% of land use for an OFDU.
h. There will be negative visual impacts.
i. There will be negative noise pollution.
j. The Development Permit will adversely impact water quality.
k. The Development Permit hinders agricultural uses.
l. The site plans are not up-to-date.
STATUS REQUESTS
5The Hearing Office received one request for Party status from 1001374694 Ontario Inc. They are the owners of the Subject Lands. Counsel for 1001374694 Ontario Inc. is also representing Donald and Tabitha Macdow.
6The Hearing Office received no requests for Participant status prior to or during the CMC.
OPPORTUNITIES FOR SETTLEMENT/MEDIATION
7The Appellant and the NEC are open to settlement discussions and Tribunal-led mediation. Matt Hodgson, Counsel for Applicants, advised that he does not have instructions at this time regarding mediation but would canvass his clients.
8The Hearing Office advised the Parties to contact the case coordinator if they would like to proceed with Tribunal-led mediation.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
9The Appellant drafted a Procedural Order (“PO”) and has shared it with the other Parties. The NEC informed the Hearing Office that they needed some time to review the PO.
10Mr. Hodgson informed the Hearing Office that he would also need some time to review the PO but stated that the issues in the PO may not all be valid. He stated that if the Parties are not able to agree on the Issues List in the PO, he would be filing a motion.
11The Hearing Office set a deadline for the Parties to either notify the Hearing Office of their intent to bring a motion or to submit the PO by February 5, 2026.
12On February 5, 2026, the Hearing Office was informed by the Applicant of their intention to file a motion to dismiss. The NEC also informed the Hearing Office that they intend to bring a motion or participate in the Applicants’ motion. The motion(s) will be heard on March 4, 2026, at the next scheduled hearing event.
SCHEDULING
13The Parties advised the Hearing Office that they were seeking a motion hearing.
14A Motion Hearing for OLT Case File No. OLT-25-000823 is scheduled to commence on Wednesday, March 4, 2026 at 10 a.m. by Video Hearing.
15Parties 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/687587165
Access Code: 687-587-165
16Parties 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.
17Persons 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) 497-9373 or (Toll-Free) 1-888-299-1889. The Access Code is: 687-587-165.
18Individuals 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.
19As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
ORDER
20THE TRIBUNAL ORDERS THAT this matter has been scheduled for a Motion Hearing as described above.
“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.