Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 11, 2026
CASE NO(S).: OLT-22-003170
(Formerly PL050179-O050032)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Ponderosa Nature Resort
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Reference Number: D08-NE/D14-NE
Property Address: 1218 Concession 8 West
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-003170
Legacy Case No: PL050179-O050032
OLT Lead Case No: OLT-22-003170
Legacy Lead Case No: PL050179-O050032
OLT Case Name: Ponderosa Nature Resort v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Ponderosa Nature Resort
Subject: Application to amend Zoning By-law No. 90-145-Z – Neglect of application by the City of Hamilton
Property Address: 1218 Concession 8 West
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-003175
Legacy Case No: PL050179-Z050024
OLT Lead Case No: OLT-22-003170
Legacy Lead Case No: PL050179-O050032
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Ponderosa Nature Resort
Subject: Site Plan
Reference Number: DA-17-174
Property Address: 1218 Concession 8 West
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-003180
Legacy Case No: PL171141
OLT Lead Case No: OLT-22-003170
Legacy Lead Case No: PL050179-O050032
Heard: June 8, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
New Country Investors Ltd. (also known as Ponderosa Nature Resort)
Peter Gross Graham Reeder
City of Hamilton
Courtney Boyd Partick MacDonald (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY david brown ON june 8, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) concerning appeals filed by Ponderosa Nature Resort (“Ponderosa”) against the failure of the City of Hamilton (“City”) to make a decision on their site-specific applications to amend the Official Plan (“OPA”), amend the Zoning By-law (“ZBA”), and for the approval of a Site Development Plan (“SPA”) (together, the “Applications”) within the timeframes prescribed in the Planning Act, R.S.O. 1990, c. P.13.
2Ponderosa operates a mobile home park and seasonal campground together with ancillary uses at 1218 8th Concession Road West (“Subject Property”) in the former Town of Flamborough. Ponderosa filed the Applications in 1994 to recognize the existing use of the Subject Property and contemplate an expansion of their operation. Ponderosa filed their appeals in 2005.
CASE MANAGEMENT
3This CMC was convened for the purpose of finalizing an Issues List and scheduling a Hearing to consider the appeals.
4Prior to the commencement of the CMC, the Tribunal received a draft Issues List which included the issues identified by the Tribunal at the previous CMC and a list of 53 issues identified by the City. The Tribunal was advised that Ponderosa was not in agreement with the issues identified by the City.
5The Tribunal, noting that this matter has been ongoing since 1994 and has been pending before the Tribunal for more than 20 years, reasons that an agreement surrounding the matters at issue is unlikely. Consequently, the Tribunal is taking an active role in bringing this matter to a hearing such that a disposition of the appeal can ultimately be achieved.
6The Tribunal heard submissions from Counsel for Ponderosa concerning the response of the City to the settlement offers that they presented to the City at the end of 2025 and early in 2026. Counsel for the City responded to the submissions from Ponderosa.
7The Tribunal finds that these matters are not within the Tribunal’s jurisdiction to resolve.
8Ponderosa advised that it intends to request an award for costs relating to the City’s actions. The Tribunal directs Ponderosa to Rule 23 of the Tribunal’s Rules of Practice and Procedure (“Rules”) for the procedures for making a request for an Order for Costs.
Issues List
9The Tribunal observes that there is not agreement as to the planning policy framework under which the applications should be considered with the exception that Counsel to both Parties agree that the applicable policy statement is the Provincial Planning Statement, 2024. The Tribunal reasons that the determination of the applicable provincial plan(s) and applicable local official plan(s) is paramount in this instance to establish the policy criteria against which the Applications shall be adjudicated and to finalize the Issues List.
10The Tribunal directed that the question of the applicable provincial plan(s) and the applicable local official plan(s) in this matter shall be determined by way of a Motion in Writing pursuant to Rule 10.3 of the Rules. The Tribunal directs Ponderosa to serve a Notice of Written Motion within 15 days of the date of issue of this Decision. Rule 10.3 stipulates that should the City wish to respond to the Written Motion, they shall serve their response within 7 days of the date of the Notice of Written Motion. Ponderosa may reply to the Response within 3 days of the date of the Written Response.
11The Tribunal advised the Parties of the anticipated timeline for the submission of the motion materials and this Decision shall serve as confirmation that the Tribunal has directed the filing of the Notice of Motion.
12Upon the continued review of the draft issues, the Tribunal finds that issues center around four areas: Land Use Planning including Natural Heritage, Water Servicing, Sewage Servicing, and Stormwater Management.
13The Tribunal finds certain issues identified on the City’s list fall outside of the Tribunal’s authority and are within the purview of the Ministry of Environment, Conservation and Parks or are matters regulated by the Ontario Building Code. The Tribunal directed the City to revise their issues to a format and to subject matter that is within the Tribunal’s jurisdiction and framed in a manner capable of being adjudicated by the Tribunal.
Applications Update
14The Tribunal directs Ponderosa to provide an update of the Applications. The Applications were originally filed in 1994 and appealed in 2005 and have been the subject of considerable revision over the ensuing time as a result of negotiations with the City.
15In preparation for scheduling a hearing on this matter, the Tribunal reasons that the most current version of the Applications be provided to the Tribunal. Any revisions to the Applications from those originally filed should also be identified. The Tribunal notes that there may have been changes in the number of year-round resident sites and the number of seasonal sites since the original application was filed and these revisions should be identified.
16The Tribunal understands that there have been revisions to site plan drawings resulting from the preparation and filing of technical reports. Further, there may also be new structures or infrastructure introduced over the past 30 years that should be documented on an updated site plan drawing to be filed with the Tribunal. The Tribunal further directs Ponderosa to provide a current site plan to the Tribunal to ensure that the Tribunal’s files are current and complete.
Site Development Plan Appeal
17The Tribunal requested Ponderosa to consider adjourning the SPA appeal until after a decision has been issued by the Tribunal with respect to OPA and the ZBA. The Tribunal reasons that depending on the disposition of the OPA and ZBA appeals, Ponderosa may wish to revise the SPA to address any issues arising from the Tribunal’s Decision or alternatively, Ponderosa may wish to withdraw the appeal.
18The Tribunal reasons that adjourning the SPA will allow for a more efficient consideration of the OPA and ZBA appeals and in turn a more efficient consideration of the SPA at the appropriate time.
NEXT STEPS
19The Tribunal scheduled a further CMC to review and finalize the Issues List and Procedural Order prior to scheduling a hearing on the merits of the appeal.
20The Parties shall provide the Tribunal with the revised draft PO, including an Issues List and an estimated length of hearing, on or before August 14, 2026.
21The Tribunal scheduled the next CMC to be held on Tuesday, August 25, 2026, from 10 a.m. to 1 p.m. by video hearing.
22Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
23Parties 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
24Persons 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: 656-004-293.
25Individuals 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.
26As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
ORDER
27THE TRIBUNAL ORDERS THAT the case management directives set out above are so ordered.
28The Member is seized of this matter for the purpose of case management.
“David Brown”
DAVID BROWN
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.