Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 29, 2026

CASE NO(S).: OLT-25-000917

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: See Appendix 1 - Appellant list

Applicant: Alexis Brenner and Andrew Duncan

Respondent: Niagara Escarpment Commission

Subject of appeal: Approval of a Development Permit Application to permit the expansion of the existing retreat use on the property known as Bubblegrove

Reference No.: APP-2024-00102

Property Address/Description: 576799 Concession 9

Municipality/Upper Tier: Chatsworth/Grey

OLT Case No.: OLT-25-000917

OLT Lead Case No.: OLT-25-000917

OLT Case Name: Balogh v. Ontario (Niagara Escarpment Commission)

Heard: May 27, 2026 by video hearing

APPEARANCES:

Parties

Representative

Angela and Brad Torrie

Beatrice and Veronica Balogh

Linda Hyder

Susan Reeve and Donald Brough

Alex Torrie

Alexis Brenner and Andrew Duncan

Self-represented

Self-represented

MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL

1On May 27, 2026, a Case Management Conference was convened in these proceedings. The proceedings arise from appeals of an approval by the Niagara Escarpment Commission (“NEC”) of a development permit application affecting the lands located at 576799 Concession 9 (“subject property”) in the Township of Chatsworth. Alexis Brenner and Andrew Duncan are the Applicants. The Appellants are listed in Appendix 1 to this Order and Decision.

2For the purposes of this CMC, this Tribunal Member acts in the role of Hearing Officer under the Niagara Escarpment Planning and Development Act.

3At the CMC, the Parties discussed the issues to be addressed at the hearing on the merits, the witnesses that will be called, and the amount of time needed for the hearing. The Appellants stated that the focus of their appeals is on the Niagara Escarpment Plan (“NEP”) objectives for the Escarpment Protection Area, existing uses, compatibility, and the conditions of approval. The Hearing Officer requested that the Appellants revise the draft Issues List to better specify the precise NEP policies upon which they wish to rely at the hearing.

4On the afternoon of May 27, 2026, the Appellants filed a revised Issues List. The Hearing Officer approves the Procedural Order (with Issues List) attached as Schedule 1 to this Order and Decision.

5The Appellants stated that they intend to call one fact witness and plan to summon a Niagara Escarpment Commission (“NEC”) employee, as well as a former NEC policy analyst. The Applicants stated that they intend to call one fact witness and the same former NEC policy analyst as that of the Appellants. The Parties agreed that two days should be sufficient for the hearing.

6The Hearing Officer encourages the Parties to initiate the process of summoning the witnesses that they intend to call as soon as possible in accordance with Rule 13 of the Tribunal’s Rules of Practice and Procedure.

7The Appellants proposed that Tribunal-assisted mediation may be a way forward. The Applicants expressed no interest in pursuing that path.

8The Hearing Officer scheduled a hearing of two days for Thursday, June 25 and Friday, June 26, 2026, commencing by video hearing at 10 a.m.

9Parties are asked to log in to the Hearing by video at least 15 minutes before the start of the event to test their video and audio connections.

GoTo Meeting: https://meet.goto.com/370987861

Access code: 370-987-861

10Parties 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

11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is 370-987-861.

12Individuals 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 hearing 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 Case Coordinator having carriage of this case.

13As 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

14THE TRIBUNAL approves the Procedural Order attached as Schedule 1 to this Order and Decision.

15This Hearing Officer is not seized.

16There will be no further notice.

“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.

Appendix 1

Appellant List

Party Name

Representative

Beatrice and Veronica Balogh

Self-represented

Alex Torrie

Self-represented

Angela and Brad Torrie

Self-represented

Armand and Barbara Labute

Self-represented

Susan Reeve and Donald Brough

Self-represented

Robert and Jane DeJong

Self-represented

Linda Hyder

Self-represented

Shirley Torrie

Self-represented

SCHEDULE 1

CASE NO(S).: OLT-25-000917

PROCEEDING COMMENCED UNDER section 25(5.1) of the Niagara Escarpment

Planning and Development Act, R.S.O. 1990, c. N.2

Appellants: See Attachment 1 – List of Parties/Participants

Applicants: Alexis Brenner and Andrew Duncan

Respondent: Niagara Escarpment Commission

Subject: Approval of a Development Permit Application to permit the expansion of the existing retreat use on the property known as Bubblegrove

Reference No.: APP-2024-00102

Property Address: 576799 Concession 9

Municipality: Chatsworth/Grey

OLT Case No.: OLT-25-000917

OLT File No.: OLT-25-000917

OLT Case Name: Balogh v. Ontario (Niagara Escarpment Commission)

PROCEDURAL ORDER

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 Thursday, June 25, 2026 at 10:00 A.M. The Hearing will end on Friday, June 26, 2026.

3. The parties’ initial estimation for the length of the hearing is two (2) days. The parties (“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 Parties and Participants identified at the case management conference are set out in Attachment 1. (See the sample procedural order for the meaning of these terms).

5. 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 the party.

6. 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.

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.

9. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes

Requirements Before the Hearing

10. On or before June 10, 2026, the parties shall provide copies of their witness statements to the other parties and to the OLT case co-ordinator.

11. On or before July 18, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

12. On or before June 18, 2026, the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

13. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received.

14. 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.

15. 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.

16. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 18, 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.

17. 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.

18. 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.

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.

Attachment 1

List of Parties/Participants

Parties

Counsel/Agent

Alexis Brenner and Andrew Duncan (Applicants)

Alexis Brenner and Andrew Duncan alexis@bubblegrove.ca

Niagara Escarpment Commission (Respondent)

Sandy Dobbyn, Senior Planner, NEC sandy.dobbyn@ontario.ca

Beatrice and Veronica Balogh (Appellants – File No. 012448)

Beatrice and Veronica Balogh veronicabalogh97@gmail.com

Alexander Torrie (Appellant – File No. 012449)

Alexander Torrie torrie.alexander@gmail.com

Angela and Brad Torrie (Appellants – File No. 012450)

Ange and Brad Torrie ange.torrie@icloud.com

Armand and Barbara Labute (Appellants – File No. 012452)

Armand and Barbara Labute 824519 Massie Rd / RR 5 Chatsworth, ON N0H 1G0

Susan Reeve and Donald Brough (Appellants – File No. 012453)

c/o Linda Hyder hyder3133@gmail.com

Robert and Jane DeJong (Appellants – File No. 012454)

Robert and Jane DeJong jane@elsted.ca

Linda Hyder (Appellant – File No. 012455)

Linda Hyder hyder3133@gmail.com

Shirley Torrie (Appellant – File No. 012356)

Shirley Torrie strathvalley@gmail.com

Attachment 2

ISSUES LIST

Note: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

1. Are the Proposed Development and Conditions of Approval in the Notice of Decision of the Director APP-2024-00102 in accordance with all applicable policies, objectives, and development criteria of the Niagara Escarpment Plan (2017), and all objectives for the Escarpment Protection Area in the Niagara Escarpment Plan, including:

a. 1.4.1 Escarpment Protection Area Objectives

b. 1.4.3 Escarpment Protection Area Permitted Uses

c. 2.3 Existing Uses

d. 2.8 Agriculture

2. If the Proposed Development is approved, what conditions of approval

Attachment 3

Order of Evidence

1. Appellants: B. & V. Balogh / A. Torrie / A. & B. Torrie / Reeve & Brough /

R. & J. DeJong / Hyder / S. Torrie

2. Appellants: A. & B. Labute

3. Applicants: Alexis Brenner & Andrew Duncan

4. Appellants: A. & B. Labute – Reply, if any

5. Appellants: B. & V. Balogh / A. Torrie / A. & B. Torrie / Reeve & Brough /

R. & J. DeJong / Hyder / S. Torrie – Reply, if any