Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 26, 2026
CASE NO(S).: OLT-26-000024
PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment Planning and Development Act, R.S.O. 1990, c. N.2, as amended
Appellants (jointly): Russell and Patricia Springer
Applicant: Steve Orrett
Respondent: Niagara Escarpment Commission
Subject of appeal: Approval of a Development Permit Application to construct a gravel driveway from a new access to #1 Sideroad running southerly to the agricultural fields on the existing vacant agricultural lot
Reference No.: H/A/2023-2024/381
Property Address/Description: 0000 No. 1 Side Road
Municipality/Upper Tier: Burlington/Halton
OLT Case No.: OLT-26-000024
OLT Lead Case No.: OLT-26-000024
OLT Case Name: Springer v. Ontario
Heard: March 25, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Russell and Patricia Springer (“Appellant”)
Russell Springer*
Steven Orrett (“Applicant”)
Michael Nemanic
Niagara Escarpment Commission
(Not in attendance)
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MARCH 25, 2026 AND ORDER OF THE TRIBUNAL
1On an appeal under the Niagara Escarpment Planning and Development Act, the role of the Ontario Land Tribunal (“Tribunal”) is to determine whether the Niagara Escarpment Commission (“NEC”) decision is correct and need not be changed.
2The Applicant obtained an NEC Permit for a gravel driveway, with associated culvert and privacy fence, to provide access to the 23-hectare property at the un-numbered lands of 0000 No. 1 Side Road, Burlington.
3The Appellant resides immediately northeast of the proposed driveway and is concerned, primarily, with potential drainage impacts from the driveway.
4In advance of this first Case Management Conference (“CMC”), the Applicant filed a Motion to Dismiss, to which the Appellant responded that more time was sought to complete a professional engineer’s study on the potential effects of the driveway and related planning issues. The Appellant had filed a request to adjourn the Motion to Dismiss but did not file a formal Response to the Motion.
5At the CMC, the Applicant requested the Tribunal to hear the Motion to Dismiss, given its filing in accordance with Tribunal’s Rules of Practice and Procedure (“Rules”), the absence of progress towards resolving the Appellant’s concerns, and the lengthy involvement of the Appellant throughout the NEC process. The Applicant, helpfully, acknowledged the Appellant’s unrepresented status, and offered that, should the Tribunal choose not to hear the Motion at this first CMC, a two-day Merit Hearing be scheduled rather than a Motion Hearing, to expeditiously move this file to conclusion.
6In response, the Appellant requested one month for their professional engineer to complete a review, by which time they may have retained counsel, if found necessary, and would be prepared to proceed.
7The Tribunal ruled that, in pursuit of a fair, just, and due process for the Parties, and recognizing the seriousness of a Motion to Dismiss, the Tribunal will exercise its discretion under Rules 1.3, 1.4 and 1.6 to not hear the Motion to Dismiss and proceed to schedule a Merit Hearing to be held in approximately one month, subject to the Tribunal’s Calendar.
8The Parties agreed that mid-May 2026 would accommodate their availability and provide sufficient time for the completion of studies and the exchange of documents prior to the Hearing.
9The Tribunal scheduled a Hearing on the Merits for two (2) days as set out below. This Vice-Chair will remain seized for the Hearing on the Merits. No further Notice will be given.
10The two-day Merit Hearing has been scheduled to proceed by video on Wednesday, May 20, 2026 at 10 a.m. to and including Thursday, May 21, 2026.
11Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins, to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
12Parties 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
13Persons 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.
14Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
15As 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
16THE TRIBUNAL ORDERS its rulings and directions set out in this Decision.
“S. Tousaw”
S. tousaw
VICE CHAIR
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.