The City of Hamilton and the owner of the Highgate Residence have reached a deal to permit the Ancaster retirement living complex to expand.
However, the Ontario Land Tribunal has reserved its decision on the matter, leaving both parties waiting to learn if the OLT will approve the settlement agreement.
Highgate Holdings Inc., filed a non-decision appeal to the Ontario Land Tribunal on October 21, 2024. At the time, the City’s planning staff stated that the developer has not addressed issues regarding density and has not provided appropriate justification for reductions in yard setbacks.
On Monday (September 15, 2025), City of Hamilton lawyer Melanie Benedict, and Highgate Residence lawyer Fiona A Japaul, jointly presented a settlement agreement to permit a new additional four-storey 67-unit residence on the lands at 299, 307, and 325 Fiddler’s Green Road.
Based on statements made by counsel during the settlement hearing, the following are the changes from the original planning applications.
1) Four-storeys, whereas the original application sought three;
2) 67-units, whereas the original application sought to add 59-units.
3) Increased setbacks from the property line that includes:
3a) Additional preservation of trees, whereas the original application proposed to remove 35 of the 44 existing trees on the property.
3b) A two-to-one tree compensation rate is imposed.
3c) Addition of a sidewalk on Fiddler’s Green Road.
While the number of units is increasing, the lawyers stated each unit will be limited to one person. This means fewer new residents compared to the original application.
The OLT heard evidence from the developer’s planning expert, Registered Professional Planner Glenn Wellings, in support of the settlement agreement.
OLT Member Yasna Faghani reserved a decision to a later date.
The public documents for this matter are not available.
In December 2024, Ontario’s Auditor General stated the OLT should provide easy access to evidence and recordings of hearings. [Recommendation 10]
“We recommend the OLT review and adopt best practices from other tribunals to enhance the transparency of the OLT hearings process, such as making evidence the OLT examines easily accessible through its website, publishing notices of upcoming hearings and recording hearings.”
The OLT has not adopted the recommendations.
Since the Auditor General report was issued, the OLT discontinued providing hearing materials to the public.
OLT File Details
Address: 299, 307 and 325 Fiddler’s Green Road, Ancaster
OLT File Number: OLT-24-001098
Status (on date of this publication): Settlement Hearing Complete
Production Details
v. 1.0.0
Published: September 17, 2025
Last updated: September 17, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version