A precedent-setting ruling by the Ontario Land Tribunal has forced Hamilton City Council to abandon its attempt to preserve a headwater wetland in its natural state, resulting in the confidential settlement of a contested Ancaster industrial development appeal. The settlement greenlights a new 17-block industrial subdivision planned for 370, 378, 412, and 436 Garner Road East.
After a precedent-setting decision in August permitted the removal and relocation of a separate wetland at 3054 Homestead Drive, 9166, and 9174 Airport Road, Council voted to settle rather than accept the high risk of defeat. That precedent effectively ended the city’s ability to oppose headwater modifications and relocations.
First Gulf Corporation, the owners of the Garner Road East development site, submitted their application to the City of Hamilton on December 18, 2020. City staff and the developer spent nearly four years in back-and-forth negotiations regarding various issues and concerns.
After 1,379 days—which the developer’s lawyer Marc Kemerer described as including “a lot of delay”—First Gulf filed a non-decision appeal. At the first case management conference in March 2025, the OLT set a two-week contested hearing to begin on November 24, 2025. The OLT denied numerous requests from Hamiltonians seeking to file participant statements.
The City had prepared to argue for maintaining the natural wetland as is; however, the OLT’s August precedent rendered this position untenable, prompting City Council to authorize a settlement agreement.
Council unanimously approved the confidential settlement during the closed session of the October 21 Planning Committee meeting. Ward 12 Councillor Craig Cassar, an environmental advocate who represents where the development will be built, voted in favour.
The settlement is scheduled to be approved by the OLT on December 5 in a written hearing. Details of the settlement are not available because the OLT no longer releases public information until after hearings are completed.
OLT Case Number: OLT-24-001165
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v. 1.0.0
Published: November 5, 2025
Last updated: November 5, 2025
Author: Joey Coleman
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