Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 19, 2026 CASE NO(S).: OLT-25-000873

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 (jointly): Ashley and Valerie Gnyś Applicant: Niagara Region c/o Cameron DiPietro Respondent: Niagara Escarpment Commission Subject of appeal: Approval of a Development Permit Application to demolish the existing chlorination facility above grade buildings, on an existing lot that supports public infrastructure and to construct a one storey pre-cast concrete building, pre-cast below grade chamber, and to construct a driveway and parking area with the St. Paul Ave right-of-way Reference No.: N/S/2023-2024/103 Property Address/Description: 1800-1850 St Paul Avenue and Part of the west side of St Paul Avenue Right of Way Municipality/Upper Tier: Niagara Falls OLT Case No.: OLT-25-000873 OLT Lead Case No.: OLT-25-000873 OLT Case Name: Gnyś v. Ontario (Niagara Escarpment Commission)

Heard: February 4, 2026 by Video Hearing

APPEARANCES:

Parties Counsel/Representative*

Ashley and Valerie Gnyś Self-represented*

Niagara Escarpment Commission Did not attend

Niagara Region Alexander J. Suriano Naomi Mares (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON FEBRUARY 4, 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 Ashley and Valerie Gnyś ("Appellants") arising from a decision made by the Niagara Escarpment Commission ("NEC") granting approval of a Development Permit to demolish the existing chlorination facility above grade buildings on an existing lot that supports public infrastructure and to construct a pre-cast concrete building at the property known as 1800-1850 St. Paul Avenue ("Subject Lands"), Niagara Falls.

3The Development Permit grants approval to construct a one-storey 17.28 square metre ("m²") pre-cast concrete building with a maximum height of 3.3 metres for use as a re-chlorination facility, and to construct an associated 180 m² driveway and parking area all within the west side of the St. Paul Avenue right-of-way. Additionally, the development permit grants approval to demolish the existing above grade buildings currently used for the existing re-chlorination facility, totalling 23.5 m², on a 9.3 hectare lot that supports public infrastructure.

4The Appellants have appealed the Development Permit indicating concerns with:

• Property values;
• Change in the nature of their property;
• Security risks; and
• Safety risks.

STATUS REQUESTS

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

OPPORTUNITIES FOR SETTLEMENT/MEDIATION

6At the CMC, the Hearing Office reviewed opportunities for settlement discussions. The Parties indicated that they would be interested in both private discussions and Tribunal-led mediation. The Parties will contact the Case Coordinator regarding Tribunal-led Mediation.

DRAFT PROCEDURAL ORDER AND ISSUES LIST

7A draft Procedural Order ("PO") was submitted to the Hearing Office by the Niagara Region ("Region") on February 3, 2026.

8The Region raised concerns regarding the validity of the appeal and the Appellants' issues. The Appellant submitted a re-framed issue list to the Hearing Office on February 3, 2026. The Region stated that the re-framed issues are materially different from the original issues, and some are not appropriate planning grounds.

9The Appellant submitted their final Issue List to the Region by February 16, 2026. The Region reviewed and incorporated the Appellant's Issue List into the final PO. The Region submitted the final PO to the Hearing Office on February 17, 2026.

10The Tribunal accepts the final PO and is satisfied that it will govern this proceeding. The final PO is in Attachment A.

MOTION SCHEDULING

11The Region informed the Hearing Office that they are filing motion to dismiss the appeal. The Motion Hearing is scheduled for Wednesday, March 11, 2026 by written submissions.

MERIT HEARING SCHEDULING

12At the CMC, the Parties advised the Hearing Office that they were seeking a seven-day Merit Hearing.

13A seven-day Merit Hearing for OLT Case File No. OLT-25-000873 is scheduled to commence on Tuesday, May 19, 2026 at 10 a.m. by Video Hearing.

14Parties 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://meet.goto.com/370987861

Access Code: 370-987-861

15Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.

16Persons 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: 370-987-861.

17Individuals 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.

18As 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

19THE TRIBUNAL ORDERS THAT:

(a) this matter has been scheduled for a Motion Hearing and Merit Hearing as described above; and

(b) the Procedural Order appended as Attachment 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.

ATTACHMENT A

ISSUE DATE: <*> CASE NO(S).: OLT-25-000873

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 (jointly): Ashley and Valerie Gnyś Applicant: Niagara Region c/o Cameron DiPietro Respondent: Niagara Escarpment Commission Subject of appeal: Approval of a Development Permit Application to demolish the existing chlorination facility above grade buildings, on an existing lot that supports public infrastructure and to construct a one storey pre-cast concrete building, pre-cast below grade chamber, and to construct a driveway and parking area with the St. Paul Ave right-of-way Reference No.: N/S/2023-2024/103 Property Address/Description: 1800-1850 St Paul Avenue and Part of the west side of St Paul Avenue Right of Way Municipality/Upper Tier: Niagara Falls OLT Case No.: OLT-25-000873 OLT Lead Case No.: OLT-25-000873 OLT Case Name: Gnyś 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 Tuesday May 19, 2026 at 10:00 a.m. at .

3. The parties' initial estimation for the length of the hearing is seven (7) days. 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 exchange deadlines are found in Attachment 1. The parties and participants identified at the case management conference are set out in Attachment 2 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 3. 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 order of evidence shall be as set out in Attachment 4 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.

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 Thursday, March 5, 2026 (at least 75 days prior to the start of the hearing) and in accordance with paragraph 23 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. Parties may revise the witness list to remove witnesses following the Tribunal's decision on the written Motion Hearing (to be heard on March 11, 2026). A party's revised witness list shall be provided to the Tribunal and the other parties no later than 5 days following the date of the Tribunal's decision on the Motion Hearing.

11. Expert witnesses in the same field shall have a meeting on or before Friday, March 20, 2026 (at least 60 days prior to the start of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Monday, May 4, 2026 (at least 15 days prior to the start of the hearing).

12. 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 14 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.

13. 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 14 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 14 below.

14. On or before Thursday, April 2, 2026 (at least 47 days prior to the start of the hearing), the parties shall provide copies of their expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

15. On or before Thursday, April 2, 2026 (at least 47 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 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before Tuesday, April 14, 2026 (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.

17. On or before Wednesday, April 29, 2026 (at least 20 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 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before Monday, April 16, 2026 (14 days after the evidence is received) and in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, May 8, 2026 (at least 11 days prior to the start of the hearing).

20. 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.

21. 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.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, May 12, 2026 (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.

23. 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.

24. 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 Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

____________________________

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE EVENT

Thursday, March 5, 2026 75 days prior to hearing Exchange of witness lists (names, disciplines).

5 days from date of Tribunal's decision on Motion Hearing (to be heard in writing on March 11, 2026) Revision of witness lists (if any).

Friday, March 20, 2026 60 days prior to hearing Experts meeting prior to this date (if any)

Thursday, April 2, 2026 47 days prior to hearing Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

Tuesday, April 14, 2026 35 days prior to hearing Confirm if all hearing dates still required

Thursday, April 16, 2026 14 days after exchange of evidence Exchange of Reply Witness Statements (if any)

Wednesday, April 29, 2026 20 days prior to hearing Exchange of visual evidence (if any)

Monday, May 4, 2026 15 days prior to hearing Agreed Statement of Facts (if any)

Friday, May 8, 2026 11 days prior to hearing Finalize Joint Document Book

Tuesday, May 12, 2026 7 days prior to hearing Hearing Plan to be filed with the Tribunal

Tuesday May 19, 2026 Hearing Date

ATTACHMENT 2

PARTIES

1. Regional Municipality of Niagara Aird & Berlis LLP 181 Bay Street, Suite 1800 Toronto, ON M5J 2T9

Alexander J. Suriano Tel: 437.880.6108 Email: asuriano@airdberlis.com

Naomi Mares Tel: 647.426.2842 Email: nmares@airdberlis.com

2. Niagara Escarpment Commission 232 Guelph St, Georgetown, ON L7G 4B1

Rosi Zirger, Senior Planner Email: rosi.zirger@ontario.ca

3. Ashley and Valerie Gnyś 1857 St. Paul Avenue Niagara Falls Ontario, L2J 0C6

Ashley Gnyś Tel: 289.990.4697 Email: gnys@agpilaw.com

ATTACHMENT 3

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a party indicates that party's intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the OLT.

Ashley and Valerie Gnyś Issues List

Restated Issues of Appeal - Schedule "A"

What: This appeal concerns the NEC decision to approve a development permit for a chlorination facility adjacent to 1857 St. Paul Avenue.

Relief sought: That the NEC decision be set aside and the application refused, or such other relief as the Hearing Officer considers appropriate.

ISSUE 1 — PUBLIC SAFETY RISK

Whether the NEC erred in approving the proposed chlorination facility on the basis that the siting and design creates unacceptable public safety risks — including (inter alia) impaired sight lines, collision hazards, and risks associated with chlorine/sodium hypochlorite, in a manner contrary with:

1. NEPDA s. 2 (purpose of the Act),
2. NEPDA s. 8 (objectives of the Plan),
3. Niagara Escarpment Plan (2017) 2.2 General Development Criteria: NEP 2.2.2, 2.2.8, and
4. NEP Objective 5 and 6

ISSUE 2 — ADVERSE IMPACT ON USE AND ENJOYMENT OF ADJACENT PROPERTY

Whether the NEC erred in finding the proposal compatible with the safe and functional use of the adjoining residential property contrary to:

1. NEPDA s. 2 and s. 8,
2. NEP 2.2 General Development Criteria: 2.2.1, 2.2.8, and
3. NEP Objectives 4 and 6.

ISSUE 3 — COMPATIBILITY WITH THE CHARACTER AND INTENDED AREA USAGE

3. Whether the proposed industrial-type chlorination facility is compatible with the rural, scenic, and natural character of the Niagara Escarpment area, and if so, did NEC fail to require or consider necessary mitigation and alternatives for infrastructure siting contrary to:

4. NEPDA s. 2 and s. 8,

5. NEP 2.2 General Development Criteria: NEP 2.2.2, 2.6 (a), 2.13 (1), and

6. NEP Objectives 1, 3, and 4.

Dated: February 15, 2026

Submitted by Appellants:

Ashley Gnyś Valerie M. Gnyś (289) 990-4697 cell (905) 984-9697 cell

ATTACHMENT 4

ORDER OF EVIDENCE

1. Regional Municipality of Niagara
2. Ashley and Valerie Gnyś
3. Regional Municipality of Niagara (in reply, if necessary).

ATTACHMENT 5 PURPOSE OF THE PROCEDURAL ORDER AND MEANING OF TERMS

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.

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