Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 17, 2026
CASE NO.:
OLT-25-000675
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:
Antonio and Eva Menecola
Appellant:
Barbara McIntyre
Appellant:
Peter Zubchinsky
Appellant:
Janet Zaharchuk
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a two-storey single-dwelling, install a septic system and reconfigure asphalt driveway on an existing vacant lot
Reference No.:
APP-2024-00085
Property Address/Description:
47 Caledon Mountain Drive
Municipality/Upper Tier:
Caledon/Peel
OLT Case No.:
OLT-25-000675
OLT Lead Case No.:
OLT-25-000675
OLT Case Name:
McIntyre v. Ontario (Niagara Escarpment Commission)
BEFORE:
GEORGE POLITIS
Tuesday, the 17th
MEMBER
day of March, 2026
THE TRIBUNAL ORDERS that further to the Decision issued on January 15, 2026 (and later replaced on February 2, 2026, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on June 1, 2026. The Tribunal has set aside 4 day(s) for the hearing.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
Ontario Land Tribunal
Website: 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”
ISSUE DATE: CASE NO(S).: OLT-25-000675
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:
Antonio and Eva Menecola
Appellant:
Barbara McIntyre
Appellant:
Peter Zubchinsky
Appellant:
Janet Zaharchuk
Respondent:
Niagara Escarpment Commission
Subject of appeal:
Approval of a Development Permit Application to construct a two-storey single-dwelling, install a septic system and reconfigure asphalt driveway on an existing vacant lot
Reference No.:
APP-2024-00085
Property Address/Description:
47 Caledon Mountain Drive
Municipality/Upper Tier:
Caledon/Peel
OLT Case No.:
OLT-25-000675
OLT Lead Case No.:
OLT-25-000675
OLT Case Name:
McIntyre 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 begin on June 1, 2026 at 10:00 am, through video link https://global.gotomeeting.com/join/687587165 . When prompted, enter code 687-587-165.
The parties’ initial estimation for the length of the hearing is 4 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.
The parties and participants identified at the case management conference are set out in Attachment 1.
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 March 13, 2026 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.
Expert witnesses in the same field shall have a meeting on or before March 27, 2026 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 April 10, 2026.
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 April 24, 2026, 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 April 24, 2026, 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 April 27, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before May 22, 2026, 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.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 19, 2026 and in accordance with paragraph 21 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 22, 2026.
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 May 25, 2026 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. 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.
A summary of the various filing dates is contained in Attachment 4.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
Parties
- Antonio and Eva Menecola
TMA Law
25 Main Street West, Suite 2010
Hamilton, ON L8P 1H1
Meredith Baker
Email: mbaker@tmalaw.ca
Phone: 905-529-3476
- Barbara McIntyre
Email: bamcintyre@rogers.com
Phone: 416-627-1835
- Peter Zubchinsky
Email: x98akj@hotmail.com; zuby37@gmail.com
Phone: 416-346-9381
- Janet Zaharchuk
Email: jzaharchuk@gmail.com
Phone: 416-706-0579
ATTACHMENT 2
Issues List
NOTE: The identification of an issue on the Issues list does not constitute an acknowledgment by the Tribunal or any party that the issue is either relevant or appropriate. 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, but shall not preclude any other party from calling evidence on the issue.
Issues of the Appellants
- Is the location and size of the proposed septic system consistent with the Provincial Planning Statement, 2024 (“PPS”) and does it conform with the Niagara Escarpment Plan, 2017 (“NEP”)?
ATTACHMENT 3
Order of Evidence
- Antonio and Eva Menecola
- Appellants
- Antonio and Eva Menecola, in reply
ATTACHMENT 4
Summary of Filing Dates
EVENT
DATE
List of Witnesses
March 13, 2026
Expert Witness Meetings
March 27, 2026
Agreed Statement of Facts & Remaining Issues
April 10, 2026
Witness and Expert Witness Statements
April 24, 2026
Participant Statement
April 24, 2026
Confirm Hearing Dates with Tribunal
April 27, 2026
Reply Witness Statement
May 19, 2026
Visual Evidence
May 22, 2026
Joint Document Book
May 22, 2026
Hearing Plan
May 25, 2026
OLT Hearing Commences
June 1, 2026