Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 26, 2026
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
Appellant: See Appendix 1 - Appellant list
Applicant: Antonio and Eva Menecola
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)
Heard: January 13, 2026 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Antonio & Eva Menecola | Meredith Baker |
| Barbara McIntyre | Self Represented* |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. POLITIS ON JANUARY 13, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding an appeal filed by Barbara McIntyre, Peter Zubchinsky, Susan Martin, Doug Cowan and Janet Zaharchuk pursuant to subsections 25(5.1) of the Niagara Escarpment and Development Planning Act, R.S.O. 1990, in respect of the Niagara Escarpment Commission (“NEC”) approval for a Development Permit Application number APP-2024-00085 to construct a two-storey single-dwelling, install a septic system and reconfigure asphalt driveway on an existing vacant lot relating to the lands municipally known as 47 Caledon Mountain Drive / Caledon Peel (“Subject Property”).
2Appellant Barbara McIntyre requested to change her Notice of Appeal with the NEC regarding the Development Permit for the Subject Property. The Appellant claimed that her initial appeal was based on incorrect information provided by Payton Hofstetter Senior Planner for the NEC. Barbara McIntyre stated that Payton Hofstetter told her that the above-grade floor area in the drawings was plus or minus 872.4 metres squared (“m2”) (9,390 square feet (“ft2”).
Payton Hofstetter confirmed that the above-grade floor area is plus or minus 592.26m2 (5,697.1 ft2).
It appears that, after discussing this issue, the Parties agreed that the total of plus or minus 872.4 m2 (9,390 ft2) included both below and above-grades (all three levels). The Tribunal finds that despite what the NEC Notice of Decision says, the development may only occur according to the floor and site plans attached to the decision. This may be further addressed at the Hearing of Merits.
3The Tribunal acts in its role as a Hearing Office in these proceedings.
4The NEC chose not to participate as a Party in these proceedings.
5The following Appellants, Susan Martin and Doug Cowan, have withdrawn their appeals.
6At the CMC, the Hearing Officer received no requests for Party and Participant status, discussed the Procedural Order and Issues List, and discussed opportunities for settlement discussions.
7The Tribunal granted Barbara McIntyre to be the representative for all the Appellants. Ms. McIntyre has chosen to be self-represented.
8The Parties advised the Tribunal that given the expected number of witnesses to testify, four (4) days would be required for the Merit Hearing. The Tribunal also directs the parties to submit an updated draft Procedural Order and Issues List no later than Tuesday, January 27, 2026.
9The Tribunal has scheduled a 4-day Merit Hearing to proceed by video Monday, June 1st, 2026 at 10 a.m. until and including Thursday, June 4th, 2026.
10Parties 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
11Parties 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
12Persons 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: (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is: 687-587-165.
13Individuals 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.
ORDER
14THE TRIBUNAL ORDERS the following:
a. The Parties will provide the Tribunal with an updated draft Procedural Order and Issues List by Tuesday, January 27, 2026.
b. A Hearing will commence by Video Hearing from Monday, June 1st, 2026, at 10 a.m. until Thursday, June 4th, 2026. Four days have been set aside for the Hearing.
15There will be no further notice.
16This Hearing Officer is not seized.
“George Politis”
GEORGE POLITIS
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 1
Appendix 1 – Appellant List
| Appellant Name | File No. |
|---|---|
| Barbara McIntyre | 012089 |
| Peter Zubchinsky | 012090 |
| Janet Zaharchuk | 012092 |