Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
Issue Date: October 9, 2025
Case No(s).: OLT-25-000039
Proceeding commenced under subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27.
Appellant: Anthony Quinn Holdings Inc.
Subject: Failure to make a decision
Description: To construct a new single-family home and garage and to allow repairs to the existing structures
Property Address: 820 Sulphur Springs Road
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-25-000039
OLT Case Name: Anthony Quinn Holdings Inc. v. Hamilton Conservation Authority
Heard: August 25, 2025 by video hearing
Appearances
| Parties | Counsel |
|---|---|
| Anthony Quinn Holdings Inc. | Raj Kehar |
| Hamilton Conservation Authority | Brandon Orct |
Memorandum of Decision Delivered by Jennifer Campbell and Order of the Tribunal
Introduction
1This Decision arises from a case management conference (the “CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding the appeal brought by Anthony Quinn Holdings Inc. (the “Appellant”) regarding the failure of the Hamilton Conservation Authority (the “Respondent”) to make a decision in respect of a Conservation Permit Application in respect of the property located at 820 Sulphur Springs Road, Hamilton, Ontario (the “Property”).
2At the CMC, the Parties discussed the issues to be adjudicated at a hearing and reviewed dates for a further CMC and hearing.
Background
3On July 18, 2024, the Applicant submitted a Conservation Permit Application to the Respondent to permit the construction of a new single-family home and garage, to allow for repairs to an existing building and upgrades to the existing driveway, and to allow for the construction of a new driveway (the “Permit Application”) at the Property.
4The Appellant also understands that a Development Permit will be required from the Niagara Escarpment Commission (the “NEC”) for the construction of a new dwelling, a new driveway, and the repair of the former residential building for its continued use as an accessory storage building on the Property.
5The Respondent deemed the Permit Application to be complete on September 30, 2024. However, the Respondent indicated that it will not approve the Permit Application without first receiving an approval from the NEC. As over 120 days subsequently passed from the date on which the Permit Application was deemed complete without the Respondent making a decision, the Appellant appealed the Permit Application for non-decision, pursuant to subsection 28.1(22) of the Conservation Authorities Act.
6On April 21, 2022, an application for a Development Permit was made by the Appellant to the NEC. The NEC approved such application in principle on July 17, 2025, however an approval was not formally rendered, pending confirmation of certain conditions including the delivery to the NEC of a heritage report for the existing building on the Property. The parties advised that no dispute was expected with respect to such heritage matters and they are expected to return to the NEC for a formal decision on either September 18, 2025, or October 16, 2025.
Subsequent CMC and Hearing Dates
7A hearing in respect of this matter has already been scheduled for Monday, February 2, 2026, to Wednesday, February 11, 2026. Given that the decision from the NEC is expected by the end of October, 2025, the Parties requested that a further CMC be scheduled for November 2025, at which time either: (i) the NEC decision will have been received and also been appealed, which matter could then be combined with the appeal currently before the Tribunal; or (ii) the Parties will have greater clarity as to the issues to be appealed with respect to the Permit Application and can work to finalize a Procedural Order and Issues List at that time.
8Accordingly, at the request of the Parties, the Tribunal scheduled a further CMC in respect of this matter to be held by video hearing on Thursday, November 13, 2025, commencing at 10 a.m.
9Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
10Parties and 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
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 Tribunal’s Case Coordinator having carriage of this case.
Order
13There will be no further notice.
14This Member is not seized.
“Jennifer Campbell”
JENNIFER CAMPBELL
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.