Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 6, 2026
CASE NO.: 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 Attachment 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)
BEFORE:
F. LAVOIE
Friday, the 30th day of January, 2026
HEARING OFFICER
UPON APPEALS commenced by Beatrice and Veronica Balogh, Alex Torrie, Angela and Brad Torrie, Armand and Barbara Labute, Susan Reeve and Donald Brough, Robert and Jane DeJong, Linda Hyder, and Shirley Torrie, (“Appellants”) regarding the Niagara Escarpment Commission’s (“NEC”) approval of a development permit application by Alexis Brenner and Andrew Duncan (“Applicants”) to expand the existing retreat use known as Bubble Grove at the property municipally known as 576799 Concession 9, Chatsworth, Grey County;
AND THE HEARING OFFICE following Notice being provided on December 11, 2025, for this Case Management Conference (“CMC”), proceeded to conduct a CMC on January 30, 2026, held by videoconference;
AND THE HEARING OFFICE upon attendance at the CMC by all Appellants other than Armand and Barbara Labute who sought in advance to have Donald Brough authorized as their “spokesperson”, and all Appellants advising they wish Donald Brough to act as their representative;
AND THE HEARING OFFICE directing Donald Brough and all Appellants to provide the case coordinator with Representative of a Party Commencement of Authorization Forms, available on the Tribunal’s website;
AND THE HEARING OFFICE upon attendance at the CMC by counsel to the Niagara Escarpment Commission, was advised they do not seek Party Status for these Appeals;
AND THE HEARING OFFICE upon attendance at the CMC by the Applicants, granted Party Status to the Applicants;
AND THE HEARING OFFICE having received a written submission by the Applicants seeking to advise the Hearing Office that it can dismiss the appeal in whole or in part on its own initiative, and following the Hearing Office’s query, the Applicants candidly advising the Hearing Office that generative artificial intelligence was used to assist in preparing the written submission;
AND THE HEARING OFFICE having sought submissions from the Applicants and Appellants regarding the next hearing event, with the Applicants submitting they intend to bring a motion to dismiss the Appeals by way of written motion and do not seek to set a Merit Hearing date;
AND THE HEARING OFFICE confirming the Parties’ awareness of Tribunal-led mediation;
THE HEARING OFFICE ORDERS THAT:
The written motion to dismiss the Appeals will take place at a date to be determined following receipt of the Applicants’ motion record, pursuant to the Tribunal’s Rules and Procedures;
Alexis Brenner and Andrew Duncan, the Applicants, are granted Party status;
No further Notice is required;
This Member is not seized but may be contacted through the Case Coordinator should any procedural issues arise.
“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.
Attachment 1
CMC Attendance 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
Alexis Brenner and Andrew Duncan
Self-represented