Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 17, 2025
CASE NO(S).:
OLT-25-000039
PROCEEDING COMMENCED UNDER subsection 28.1(22) 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
Reference Number:
n/a
Property Address:
820 Sulphur Springs Road
Municipality:
Hamilton/Hamilton
OLT Case No.:
OLT-25-000039
OLT Case Name:
Anthony Quinn Holdings Inc. v. Hamilton Conservation Authority
Heard:
December 11, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Anthony Quinn Holdings Inc.
Raj Kehar
Hamilton Conservation Authority
Brandon Orct
DECISION DELIVERED BY HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
1On December 11, 2025, the Tribunal convened a Case Management Conference (“CMC”) regarding an appeal brought by Anthony Quinn Holdings Inc. (“Appellant”). The appeal arises from the failure of the Hamilton Conservation Authority (“Conservation Authority”) to make a decision regarding the Appellant’s application for a conservation permit under the Conservation Authorities Act in respect of the property located at 820 Sulphur Springs Road (“subject property”) in Hamilton.
2The Appellant seeks to construct a single-family home and garage, repair an existing building, and upgrade and construct a driveway on the subject property. In order to proceed with the proposed development, the Appellant is required to obtain a conservation permit under the Conservation Authorities Act from the Conservation Authority and a development permit under the Niagara Escarpment Planning and Development Act (“NEPDA”) from the Niagara Escarpment Commission. The Appellant applied for each permit. In due course, the Conservation Authority informed the Appellant that it would not issue a conservation permit until the Niagara Escarpment Commission had first made a decision on the NEPDA development permit application. As a result, the Appellant appealed the Conservation Authority’s failure to make a decision.
3At a CMC held on May 23, 2025, the Tribunal scheduled the hearing on the merits for this proceeding. Since that time, while the Parties have waited for a decision from the Niagara Escarpment Commission regarding the Appellant’s application for a NEPDA development permit, few steps have been taken in the proceeding.
4At the CMC held on December 11, 2025, the Appellant informed the Tribunal that the Niagara Escarpment Commission has now issued the requested NEPDA development permit and that the Conservation Authority has agreed to issue a conservation permit to the Appellant. The Appellant stated that it has reviewed the proposed conditions to be included in the conservation permit and that it is content with them. However, it does not wish to withdraw its appeal until the conservation permit has been actually issued and the final conditions are reviewed, and a mutual understanding is reached between the Parties regarding how the conditions will be implemented.
5On the Tribunal’s suggestion, the Parties agreed to the scheduling of a further CMC to be held in January to allow time for the conservation permit to be issued and to allow time for its contents and conditions to be reviewed and discussed between the Parties. The Parties also agreed to the release of the existing merit hearing dates that were scheduled for February 2026. The Appellant noted that if the content and conditions to the conservation permit are workable and an understanding is reached regarding how the conditions are to be implemented, then the Appellant will likely withdraw its appeal prior to the CMC and the CMC will not be necessary.
6The Tribunal scheduled the next CMC for Tuesday, January 20, 2026. If the appeal is not withdrawn and the CMC goes ahead, the Tribunal requests that the Parties file a draft Procedural Order and Issues List with the Tribunal by no later than Monday, January 19, 2026. The Tribunal also requests that, if the Appellant decides to withdraw the appeal, that it promptly notify the Tribunal of the withdrawal.
7The next CMC is scheduled to proceed by video as follows:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
8Parties 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.
9Parties 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
10Persons 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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 979-388-733.
11Individuals 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
12THE TRIBUNAL ORDERS THAT the February 2 to 11, 2026 dates for the merit hearing in this proceeding are released and it directs that a CMC is scheduled as set above in this Decision.
13There will be no further notice.
14This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
VICE-CHAIR
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.