Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 25, 2026
CASE NO(S).: OLT-22-004716 OLT-26-000027
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: See Schedule A
Subject: Zoning By-law No. 22-075
Description: New Township of Tiny comprehensive zoning by-law
Reference Number: 22-075
Property Address: Township-wide
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-22-004716
OLT Lead Case No.: OLT-22-004716
OLT Case Name: Leblovic v. Tiny (Township)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tiberiu Cioci
Subject: Consent
Description: To permit five (5) new residential lots and one (1) retained lot for a total of six (6) lots
Reference Number: B13/25
Property Address: Nipissing Ridge Road & Cedar Point Road (Roll No. 14-537-02, 14-454-00, 14-461-00, 14-458-00)
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-26-000027
OLT Lead Case No.: OLT-26-000027
OLT Case Name: Cioci v. Tiny (Township)
Heard: April 9, 2026 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Tiberiu Cioci | Russell D. Cheeseman Stephanie Fleming (in absentia) |
| Township of Tiny | Sarah Hahn |
MEMORANDUM OF ORAL DECISION DELIVERED BY YASNA FAGHANI ON APRIL 9, 2026 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) for OLT-26-000027 and further CMC for OLT 22-00716. The Applicant, Tiberiu Cioci, filed an appeal against the Township of Tiny’s (“Township”) refusal of a consent application related to undeveloped lands at Nipissing Ridge Road and Cedar Point in the Township. The proposed application is to permit the development of 5 new residential lots. Regarding OLT-22-004716, the Applicant is appealing the municipally initialed Zoning By-law which had a passing date of October 22, 2022. The parties requested the hearings be heard together.
AFFIDAVIT OF SERVICE
2There were no issues with the service of the Tribunal Notice for the CMCs, dated March 5, 2025 (and marked as Exhibit 1), and as such, no further Notice is required. Of note, the Merit Hearing of OLT 22-004716 was put on hold in 2023 until the Applicant initiated the Consent Application. Once the Application was processed and came before the Tribunal, there was an understanding the Tribunal would issue a Notice and have matters come before the Tribunal together.
PARTICIPANT REQUESTS
3The Tribunal received Participant Status Requests from Felix Dulce Antonio and Maria Cipriano, Carlos Ramos, Isilda Leonard, Christine Kelley, Simone and Julie Law. The individuals are neighbouring property owners and expressed concerns regarding the proposal’s planning policy conformity, environmental impact (including to wildlife), servicing suitability amongst other concerns. Neither Counsel for the Applicant nor the Township objected to the Participant Status requests. The Tribunal granted Participant Status to these individuals.
4Jay Egan and Olga Lapshina raised concerns with the results of a water pumping test and whether the test results would reflect a broader phased development scenario. Counsel for the Applicant opposed the Participant Status Request. He submitted that the water pump test was not conducted by the Applicant. Jay Egan conceded that the test was not conducted by this Applicant but by the previous landowner who sold the property to the Applicant. Of note, the test was not conducted on the Subject Property. The Tribunal inquired further to understand the participants concerns, however, Mr. Egan failed to explain the concerns adequately. The Tribunal denied the Participant Status request based on the fact that test in question was not related to the Applicant nor the Subject Property. With that said, the Tribunal notes that issues related to effects on servicing or storm water management will likely be addressed through the Parties experts.
MEDIATION
5The Tribunal canvassed the Parties’ interest in a Tribunal-led mediation. Counsel for the Applicant advised that he is well versed in the Tribunal assisted mediation process. He further stated that at this time there has been no settlement discussions or consideration of mediation. However, Counsel is open to having discussions with Counsel for the City as the matter proceeds, and if there is an opportunity to consider mediation later, Counsel for the Applicant will consider it. Counsel for the Township agreed with Counsel for the Applicant’s approach.
NEXT STEPS
6Counsel for the Applicant requested Hearing dates in the Fall of 2026. He advised ten days would be appropriate for this matter as he would be calling two to three witnesses in the area of land use planning and environmental issues. Counsel for the Township also advised she would likely call two to three witnesses and agreed ten days would be appropriate.
7After hearing and considering the submissions of the Parties, the Tribunal agreed to schedule the Hearing on Tuesday, November 17, 2026 commencing at 10 a.m. to Monday, November 30, 2026. The Tribunal directed the Parties to work with each other and submit a Procedural Order (“PO”) and Issues List (“IL”) by Friday, April 24, 2026. The Tribunal tasked Counsel for the Applicant to submit the PO and IL.
8Parties 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://meet.goto.com/680885805
Access Code: 680-885-805
9Parties 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
10Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
11Individuals 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 at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
12As 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
13The Tribunal Orders that:
a. Participant Status is granted to Felix Dulce Antonio and Maria Cipriano, Carlos Ramos, Isilda Leonard, Christine Kelley, Simone and Julie Law;
b. The draft Procedural Order and Issues List is to be filed by the Applicant by Friday, April 24, 2026;
c. The 10 day Merit Hearing is scheduled to commence by Video Hearing on Tuesday, November 17, 2026 – Monday, Novembre 30, 2026 at 10 a.m.;
d. The Tribunal may be spoken to in the event of any issue arising from this Order.
14There is no further Notice, and the Member is not seized.
“Yasna Faghani”
Yasna Faghani
MEMBER
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.