Welcome Residents of Belfountain.ca

The Ontario Land Tribunal (OLT) hearing for the Manors of Belfountain concluded with closing statements on March 3rd. These were submitted in writing to all parties and the Chair on March 7th. You can find the Belfountain Community Organization’s (BCO) closing remarks here..

We extend our heartfelt admiration and gratitude to our legal counsel, David Donnelly of Donnelly Law, for his exceptional expertise and tireless dedication throughout the hearing, as well as in the preparation and follow-up stages.

We also wish to express our deep respect and thanks to our experts and summoned witnesses—Les Stanfield, Garry Hunter, Nancy Mott, and Luis Lasso—whose technical knowledge in planning, hydrogeology, and civil engineering hydrology greatly strengthened our case against the proposed subdivision plan.

Our collective efforts made a compelling case to protect our water. We now await the OLT’s ruling, which may take several weeks or months. Unfortunately, we have no control over the timeline for their decision.

Thank you for your continued support.

Warm regards, Belfountain Community Organization

Week three was a full five days of evidence in chief and cross examination.  Niagara Escarpment Commission wrapped up on Monday and the remainder of the week was spent with BCO experts.

Day 10     

Brendan Henderson – Niagara Escarpment for MoB 

• • • Finished evidence in chief 
    • Cross examination by BCO’s lawyer David Donnelly
    • Lacked local knowledge of community water resources
    • Was not aware of domestic wells drawing water from shallow aquifer

Luis Lasso, Hydrogeologist, Region of Peel – summoned expert witness for BCO

• • • Evidence in chief 
    • Confirmed the 500m zone of influence should be from the location of pumping, not the property boundary
    • Confirmed limitations of 72 hr pumping impact assessment was restricted to wells in property – no wells in the hamlet
    • Seemed to believe that residents were informed of pumping test that occurred in June 2024 by a letter sent March 2024
    • Was not aware of domestic wells drawing water from shallow aquifer
    • Testified that in the case of a disruption of local well water, the Region of Peel would no longer provide water as an emergency replacement

Drew Haines, Development Engineer, Town of Caledon – summoned expert witness for BCO

• • • Evidence in chief 
    • Confirmed the Chief Building Official for the Town has no authority under the Ontario Building Code to monitor nitrates from septic systems on private lands
    • Was not aware of domestic wells drawing water from shallow aquifer
    • Confirmed rapid infiltration facilities would transmit chlorides from road salt into the shallow aquifer

Day 11     

Les Stanfield, Aquatic Ecologist and Landscape Hydrologist – expert for BCO

• • • Evidence in chief and cross examination    
    • Confirmed Belfountain Creek is a sensitive cold-water habitat 
    • Confirmed 3.0 mg/l nitrate is the long-term water quality guideline for protection of brook trout 
    • Confirmed that exceeding the guideline for more than 7 days can cause the death of trout eggs and embryos           

Day 12  

Les Stanfield, Aquatic Ecologist and Landscape Hydrologist – expert for BCO

• • • Completed cross examination

Garry Hunter, Hydrogeologist and Civil Engineer – expert for BCO

• • • Evidence in chief 
    • Confirmed 80% of MoB groundwater in shallow aquifer goes to Belfountain Creek
    • Confirmed presence of moraine dam
    • Confirmed “sleeping giant” of nitrate contamination would be from lawn fertilizers

Day 13   The Town of Caledon introduced a new draft plan condition as a result of BCO’s identification of septic nitrate migration issue:

The Applicant and Town have reached an agreement on one additional Draft Plan Condition, which we share now with the parties and the Tribunal. Please forward this to Member Best.

 A clause shall be included in the subdivision agreement stating that, prior to registration for either Phase 1 or 2 (if Phase 2 proceeds), the Owner is required to enter into and register on title of the subject lands an agreement or other appropriate instrument (“Agreement”) requiring the use, installation and maintenance of an advanced wastewater treatment system for each lot, which has capacity to reduce nitrate by at least 50% (“Advanced Treatment System”) and such Agreement shall include clauses requiring lot owners to conduct nitrate monitoring and reporting, maintenance and replacement of any installed Advanced Treatment System, and, further, that the Owner shall provide the necessary financial deposit/security, including the timing of such payments, to carry out any of the works identified in the Agreement, all to the satisfaction of the Town and Region. Any peer review required by the Town or Region to develop a monitoring program within the Agreement shall be funded by the Owner.

The Belfountain Community Organization was informed earlier in the week of this proposal.  The Board of Directors turned down the proposal from the Town on Wednesday evening as it did not address nitrate contamination monitoring and contingencies for existing domestic wells in the village or Belfountain Creek

Garry Hunter, Hydrogeologist and Civil Engineer – expert for BCO

• • • Evidence in chief and cross examination

Day 14 

Nancy Mott, Planner – summoned expert witness for BCO

• • • Evidence in chief and cross examination
    • Confirmed plan of subdivision not consistent with Niagara Escarpment Plan

 Dr. Martin Shepley, Hydrogeologist for MoB

• • • Reply to evidence of Mr. Hunter
    • Confirmed no data collected for surrounding groundwater springs and seeps in Belfountain

Closing statements from each party will be on Monday afternoon starting at 3PM, following which, the OLT hearing closes

Imagine a world where Belfountain, this cherished hamlet of natural beauty and tranquility, becomes just another patch of asphalt and concrete—its rolling hills flattened, its trees uprooted, its charm replaced by rows of soulless cookie-cutter houses. This is not some distant dystopia; this is the future we are fighting to prevent.

Belfountain is more than a place—it’s a feeling, a sanctuary, a way of life. It’s where families come to hike through lush forests, ski in the crisp winter air, fish in serene waters, and share laughter over ice cream and coffee. It’s where people find peace in nature’s embrace. But this way of life is under threat.

A massive subdivision proposal looms over Belfountain like a dark cloud. If approved, it will forever alter the character of this community. The unique charm that draws people here will be lost—replaced by urban sprawl that doesn’t belong in this rural haven.

There is significant concern about our threatened water supply and potential environmental damage to local habitats. This development could disrupt the natural ecosystem, harm wildlife, and degrade the quality of the water we drink, which is vital for both residents and the environment.

But we still have hope—and we have each other. Together, we can stand up for Belfountain and protect its future. This fight is not just for us; it’s for generations to come who deserve to experience the magic of this place as we have. However, this battle comes with significant costs—legal fees, expert consultations, and administrative expenses—and the small number of residents cannot shoulder this burden alone.

We need your help. Every donation matters—no amount is too small. Your contribution will directly support our efforts to preserve Belfountain’s natural beauty and way of life. And if you can’t give financially, please help us spread the word far and wide to friends, family, and anyone who loves this special community.

Here’s how you can contribute:
• Donate directly to the Belfountain Community Organization (BCO): 100% of your donation will go toward legal fees, consulting experts and administration fees. While no tax receipts are available, every dollar makes a direct impact. Donations can be made via e-transfer to treasurer@belfountain.ca or through PayPal.
• Donate through Small Change Fund: Contributions here support legal fees and come with a tax receipt for donations over $25.
• Donate through Ontario Streams: These funds are used for consulting experts focused on protecting Belfountain’s water resources. Charitable tax receipts are provided for all donations. For sums greater than $500, a cheque made out to Ontario Streams can be dropped off at 670 Bush Street.  For sums less than $500 donations can be through Canada Helps: https://www.canadahelps.org/en/charities/ontario-streams/(Choose Belfountain Wetlands, Groundwater and Watercourses Evaluation)

For larger donations or more details on how to give, visit www.belfountain.ca or email treasurer@belfountain.ca.

The time to act is now. Let’s come together as a community—neighbors, friends, and supporters—to ensure that Belfountain remains the vibrant, serene place we all love. As John Lennon once said: “You may say I’m a dreamer, but I’m not the only one.” Together, we can dream of—and fight for—a future where Belfountain’s beauty endures.

Let’s protect what matters most. Join us in this fight for Belfountain’s soul.

Week Two consisted of three days of evidence in chief and cross examination of MoB experts.  Friday was dedicated to Niagara Escarpment Commission planner Brendan Henderson providing evidence in chief with follow up cross examination by our lawyer David Donnelly.

Day 6     Ann Egan – Applicant’s wastewater engineer for MoB

• • Finished evidence in chief on Tuesday
  • Tertiary treatment system engineer for MoB
  • Provided mostly credible engineering evidence about the Waterloo Biofilter operation
  • Admitted in cross-examination that the systems have a 24-40 year lifespan; and conceded they have only been in existence since the late 1990s
  • Relied heavily on the Building Code as the primary enforcement mechanism if/when there is a system failure (this happens to be untrue, as the Town witness D. Haines will confirm)
  • Failed to impress the Tribunal that in case of failure, there are sufficient conditions or mitigation to protect residents and brook trout 

Day 7     Kristie Quinn, Environmental Planner MoB

• • Evidence in chief and cross examination   
  • Environmental Planner who is not a Registered Professional Planner, more of a “Project Manager”
  • Admitted in cross-examination she is not a fisheries biologist, not qualified to provide evidence re brook trout lifecycle, habitat, survey work, etc.,
  • Confirmed in cross-examination there is no records for seeps and springs observations, and consequently not mitigation plan for brook trout
  • Evidence appeared somewhat clumsy in respect of need to measure brook trout and Significant Wildlife Habitat
  • Offered opinion, lacking proper credentials, that brook trout can survive in 3mg/L nitrate contaminated water, stating fish are only vulnerable at far higher CCME “toxic” levels, proving she knows nothing about brook trout
  • During her cross-examination, after some clever questioning, the OLT Chair confirmed that the proposed dry ponds for infiltration are rapid infiltration ponds, when Mr. Flowers objected

 Day 7/8  Michael Wynia, Land use and environmental planning MoB

• • Evidence in chief and cross examination
  • Cross examination was at times excruciating, as Mr. Wynia had to be repeatedly reminded to answer simple questions
  • Tried to convince the Tribunal he was an expert on climate change modelling, after having taken a “certificate” course at U of T, and a climate change course in the early 1980s (which is likely bogus)
  • OLT chair confirmed that Mr. Wynia is not a climate change expert
  • Mr. Wynia admitted under cross that the climate change mitigation tools would be “encouraged” but in no way are guaranteed to be implemented, admitting that “cost” will be the determining factor

Day 9    Brendan Henderson, Planner NEC

• • Evidence in chief and cross examination
  • Largely read from his Witness Statement
  • Admitted that he inherited the file from Nancy Mott (BCO summons witness)
  • Strangely parroted Mr. Wynia evidence that environmental technologies were guaranteed e.g. high performance windows
  • Recited Conditions and policies at great length, without solid foundation in hydrogeology e.g. where does water go, how to enforce Tertiary systems
  •  

 The OLT have issued the following update to the hearing plan.   Please note our witnesses appear next week.  This is what to expect:

DAY 10 – Monday, February 24, 2025

AM:

• Luis Lasso Arboleda (BCO – under summons)
  • BCO Examination (1 hour)
  • Cross Examination – Manors (0.5 hours)
  • Cross Examination – NEC (0.25 hours)
• Drew Haines (BCO – under summons)
  • BCO Examination (1 hour)

PM:

• Drew Haines (BCO – under summons)
  • Cross Examination – Manors (0.5 hours)
  • Cross Examination – NEC (0.25 hours)
  • Cross Examination – Town (0.25 hours)
• Leslie Stanfield (BCO – aquatic biology)
  • Direct Examination (1.5 hours)

DAY 11 – Tuesday, February 25, 2025

AM:

• Leslie Stanfield (BCO – aquatic biology)
  • Direct Examination (1.5 hours)
  • Cross Examination – Manors (1 hour)

PM:

• Leslie Stanfield (BCO – aquatic biology)
  • Cross Examination – NEC (0.5 hours)
• Garry Hunter (BCO – hydrogeology)
  • Direct Examination (2.5 hours)

DAY 12 – Wednesday, February 26, 2025

AM:

• Garry Hunter (BCO – hydrogeology)
  • Direct Examination (2.5 hours)

PM:

• Garry Hunter (BCO – hydrogeology)
  • Direct Examination (1 hour)
  • Cross Examination – Manors (1.5 hours)

DAY 13 – Thursday, February 27, 2025

AM:

• Garry Hunter (BCO – hydrogeology)
  • Cross Examination – Manors (1 hour)
  • Cross Examination – NEC (0.5 hours)
• Nancy Mott (BCO – under summons)
  • BCO Examination (1 hour)

PM:

• Nancy Mott (BCO – under summons)
  • BCO Examination (1 hour)
  • Manors Cross Examination (1.5 hours)
  • NEC Cross Examination (0.5 hours)

DAY 14 – Friday, February 28, 2025

AM:

• Reply Evidence of Manors (if any)

PM:

• Closing Submissions
  • Manors
  • NEC
  • Town of Caledon
  • BCO
  • Manors Reply

If you would like to access the OLT hearing, please follow the instructions at this link:

IMPORTANT Information Regarding the Manors of Belfountain OLT Hearing Feb 10th, 2025 at 10 a.m. 

The BCO would like to provide the key highlights of week one of the Manors of Belfountain (Applicant) hearing.   

The hearing will resume on Tuesday February 18^th at 10 a.m.

1. Day 1 – Opening admin items – BCO water quality testing for 9 surface and deep wells and Belfountain Creek spring are accepted as evidence by OLT Chair following submission by applicant to have it dismissed
2. Day 1, 2 and 3 – Shepley – Applicant’s hydrogeologist
   • Almost a full day in cross examination by our lawyer David Donnelly
   • Contends water comes of MoB property to Belfountain Creek and he does not know how much
   • Also had no idea how many residences rely on the springs of Belfountain as a domestic water supply
3. Day 4 and 5 – Heywood – Applicant’s stormwater engineer
   • Confirmed rapid infiltration basin (RIB) is in the stormwater management design for MoB.
   • RIB not supported on the Oak Ridges Moraine – prohibited in regulation due to risk of contamination of aquifer
   • He acknowledged some of the water entering the lands from the south – 253 ha drainage area, ends up in Belfountain Creek
   • He had no idea how many residences rely on the springs of Belfountain as a domestic water supply
   • Excess fill storage on Phase 2 lands – over 100,000 m3
   • Half a day in cross examination by our lawyer David Donnelly
4. Day 5 – Ann Egan – Applicant’s wastewater engineer
   • Started evidence late in the afternoon on Feb 14
   • Back to evidence in chief on Tuesday the 18th

If you would like to listen in to week two, please click on this link for the access information

IMPORTANT Information Regarding the Manors of Belfountain OLT Hearing Feb 10th, 2025 at 10 a.m. 

CALEDON CHAMBER CONCERTS, presents…..

THE VENUTI STRING QUARTET – Saturday, March 1, 2025 – 7:30 p.m.

The Great Hall of St. James Anglican Church

60125 Old Church Road

Caledon East

The Venuti String Quartet is made up of some of the most sought after freelance musicians in Toronto. Their members frequently perform with many of the major orchestral ensembles in Toronto, including The Toronto Symphony Orchestra, The Canadian Opera Company, The National Ballet of Canada and Tafelmusik. They are a highly versatile group comfortable performing not only the great classical repertoire but also jazz, contemporary and many other musical genres. Their violinist, Drew Jurecka also composes and arranges for the quartet.

They have worked with artists and ensembles including Payadora Tango Ensemble, Jill Barber, Esmeralda Enrique Spanish Dance Company, The Hogtown Syncopators, The Gryphon Trio and The Art of Time Ensemble. The Venuti String Quartet can be heard frequently as recording artists for film and various recording projects including Royal Wood’s, Donovan Wood’s and Justin Gray’s most recent records. They are quartet in residence for Caledon Chamber Concerts. Upcoming shows for the quartet include performances at Massey Hall with Sarah McLachlan, shows with Laila Biali and their own performances for Barrie Concert Association. Past concerts include National Arts Centre, the Harbourfront Centre, the Toronto Music Garden Summer Concert Series and the Indian River Music Festival in Prince Edward Island.

Admission:  Free to 18 years old and under;  $40 per adult

Refreshments at intermission.

Further to our notice last week regarding access to the OTL hearing, which starts tomorrow February 10^th at 10am, we would like to provide this insight into one of the items to expect tomorrow.

Mr. Flowers who is the lawyer for the applicant, Mr. Spina, is going to submit a motion to contest the evidence of our experts, Garry Hunter and Les Stanfield.    You will hear their position.  Our lawyer, David Donnelly, will challenge this motion as this evidence is instrumental to our case.   One example of this evidence is the well testing that has been done under direction of the Belfountain Community Organization as Mr. Spina has failed to complete this basic task.  

While contesting the other party’s evidence is part of the process, we feel extremely grateful to have David Donnelly’s expertise representing the Belfountain Community and your interests regarding water quality, quantity, quality of life and financial wellbeing.

To listen to the OLT hearing, please follow the information in our last post found at this link. 

https://www.belfountain.ca/important-information-regarding-the-manors-of-belfountain-olt-hearing-feb-10th-2025-at-10-a-m/

Please consider donating to help us cover these legal fees.