Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 25, 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
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: May 23, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Anthony Quinn Holdings Inc.
Raj Kehar
Hamilton Conservation Authority
Brandon Orct
DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL
1This Decision arises from a case management conference (“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 the 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. On April 21, 2022, an application for such a permit was made by the Appellant to the NEC. That Application is still being processed by the NEC, and a decision is expected on or about July 17, 2025.
5The Respondent deemed the Permit Application to be complete on September 30, 2024. However, the Respondent has indicated that it will not approve the Permit Application without first receiving an approval from the NEC. As more than 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.
SUBSEQUENT CMC AND HEARING DATES
6Given that the decision from the NEC is expected on or about July 17, 2025, the Parties requested that a further CMC be scheduled for August 2025 at which time either (i) the NEC decision will have been received and will also have 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 then work to finalize a Procedural Order and Issues List.
7In addition, in order to minimize further delays given that the Appellant’s applications in respect of this proposed development date back to 2022, the Parties also requested that the Tribunal schedule an eight-day Hearing to take place in February, 2026.
8Accordingly, at the request of the Parties, the Tribunal then proceeded to schedule a further CMC in respect of this matter to be held by videoconference on Monday, August 25, 2025, commencing at 10 a.m.
9In addition, at the request of the Parties, the Tribunal then proceeded to schedule Hearing dates in respect of this matter and confirmed that the Hearing of the merits will be held by video from Monday, February 2, 2026 to Wednesday, February 11, 2026, commencing at 10 a.m.
10The Hearings are scheduled to proceed by video as follows:
CMC – Monday, August 25, 2025 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 979-388-733
Merit Hearing – Monday, February 2, 2026 to Wednesday, February 11, 2026 at 10 a.m. (eight/8 days) GoTo Meeting: https://global.gotomeeting.com/join/660145013 Access code: 660-145-013 Audio-only line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889 Audio-only access code: 660-145-013
11Parties 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.
12Parties 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
13Persons 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 the audio-only telephone line shown in paragraph 9 above.
14Individuals 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 OF THE TRIBUNAL
15There will be no further notice.
16This 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.