The Ontario Land Tribunal granted a two-month adjournment to give lawyers for the owner of 55 Cootes Drive in Dundas and the Hamilton Conservation Authority time to negotiate an issues list and procedural order in preparation for a contested hearing regarding the proposed six-storey, 129-unit residential building that could be surrounded by flood waters during a severe ‘Hurricane Hazel’ level flood event.
The developer’s lawyer, Brian Duxbury, stated there are ‘ongoing discussions on the issues’ and noted it was ‘an unusual appeal’ for the OLT because it involves a Conservation Authorities Act appeal dealing with flood management issues.
He requested a 60-day adjournment, which the Hamilton Conservation Authority’s lawyer, Brandon Orct, said was a motion on consent.
OLT Member Jennifer Gold asked the lawyers if OLT-led mediation would be useful in seeking to reach a settlement. Duxbury responded that expert witness statements will be needed before mediation could be considered.
The adjournment was granted, with the parties instructed to complete a draft procedural order and issues list to be considered on September 2 at 10:00 a.m.
The development proposal has been in the works for nearly 12 years, with negotiations between the developer, the City of Hamilton, and the HCA dating back over a decade. In 2020, the City granted conditional site plan approval, which included a requirement to secure approval from the HCA.
The developer, 7612737 Canada Corp (Dr. Allen Greenspoon), refined their plan over the past three years in hopes of gaining HCA support. While the developer’s flood-proofing measures met requirements for keeping the building dry during a flood event, the HCA ultimately denied the application because surrounding streets would be inaccessible during a major flood.
The technical issue centers on elevation: the building would sit at 82.15 metres elevation, just above the regulatory flood elevation of 82.14 metres, but the access street (King Street) sits at approximately 79 metres. This means the building could be surrounded by flood depths of over three metres during a regulatory flood event.
In January, the HCA Board unanimously denied the application, determining the development would put residents’ lives in jeopardy during severe flooding events and could result in severe damage to the building due to flooding risk from nearby Spencer Creek and backflow from Cootes Paradise.
The developer filed an Ontario Land Tribunal appeal on March 28, challenging the HCA’s decision.
In the appeal, Duxbury argued that while the building could be surrounded by waters during a severe ‘Hurricane Hazel’ level flood event, it is being designed to prevent those waters from entering the property.
The appeal contends that the HCA’s safety concerns relate only to access during a flood event, and argues there is no evidence that the Dundas area has ever experienced such an extreme flood event.
Production Details
v. 1.0.0
Published: July 2, 2025
Last updated: July 2, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version
OLT File Details
Address: 55 Cootes Drive
OLT File Number: OLT-25-000233
Status (on date of publication): Pre-merit hearing