Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 17, 2025
CASE NO(S).: OLT-25-000233
PROCEEDING COMMENCED UNDER subsection 28.1(20) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant: 7612737 Canada Corp.
Approval Authority: Hamilton Conservation Authority
Subject: To appeal for the refusal of a development permit application
Description: To allow for the construction of a six-storey residential building in a regulated area of Spencer Creek
Property Location: 55 Cootes Drive
Reference Number: D/F,C,A/23/97
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-25-000233
OLT Case Name: 7612737 Canada Corp. v. Hamilton Conservation Authority
Heard: September 2, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
7612737 Canada Corp.
Brian Duxbury
Hamilton Conservation Authority
Brandon Orct
decision DELIVERED BY jennifer gold AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a second Case Management Conference (“CMC”) for an appeal brought by 7612737 Canada Corp., pursuant to s. 28.1(20) and s. 28.1(21) of the Conservation Authorities Act, relating to a decision by the Hearing Board of the Hamilton Conservation Authority regarding the construction of a six-storey condominium building with 129 dwelling unites, in the regulated area of Spencer Creek at 55 Cootes Drive, City of Hamilton. The proposal has conditional site plan approval from the City of Hamilton, under the Planning Act, with conditions.
2A seven-day hearing by video was scheduled, commencing Tuesday, March 3, 2026. The Parties were directed to file an updated Procedural Order and Issues List by October 3, 2025.
3The Tribunal did not receive an updated Procedural Order and Issues List despite extensions being granted to the Parties. The Parties have since advised the Tribunal that they are still working on documents and technical studies. The Parties have requested that the merit hearing be adjourned.
4The adjournment request has been approved by the Tribunal.
ORDER
5THE TRIBUNAL ORDERS THAT:
The five-day Merit Hearing (scheduled to commence on March 3, 2026) shall be adjourned sine die.
The Parties shall provide a written update to the Tribunal by Friday, January 30, 2026.
This Member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.