A few weeks ago, Hamilton City Council unanimously approved a motion by Ward 9 Councillor Brad Clark directing the City Solicitor to begin legal proceedings under Section 447.1 of the Municipal Act to seek the temporary closure of the Upper Stoney Creek GFL landfill due to the severe public nuisance of noxious odours from the site which are preventing people from enjoying their properties, and even caused the Ministry of Education to refuse permission to build a new elementary school.
Section 447.1 permits a municipality to apply to the Superior Court of Justice for an order closing a premises due to severe public nuisance for up to two years. The burden of proof is onerous, which may explain why CanLII lists only four cases citing the provision.
A recent case is instructive on the evidentiary burden the City of Hamilton will face in the court challenge.
In September, the City of St. Catharines went in front of a Superior Court judge and provided a mountain of evidence proving criminal activity, fires, public health risk (discarded needles and other drug paraphernalia), and extreme public nuisance occurring due to a problematic rooming house in their downtown. The evidence was overwhelming, and a closing order was granted that day, with reasons to follow.
Superior Court Justice Amy J. Ohler’s 88-paragraph written reasons were issued this week. Reading them will give you some insight into just how much work will need to go into Hamilton’s GFL case.
That is, if the case even reaches court. The pending litigation may be enough motivation for GFL to, pardon the pun, clean up its act.
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v. 1.0.0
Published: November 27, 2025
Last updated: November 27, 2025
Author: Joey Coleman
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v. 1.0.0 original version