The Ontario Land Tribunal has set a five-day hearing beginning on June 1, 2026 to determine if Columbia International College (CIC) should be permitted to convert the former convent of the Sisters of St. Joseph at 154 and 574 Northcliffe Avenue in Dundas into a day school campus for approximately 1,000 students.
In a decision issued December 18, 2025, OLT Member Ashley Mason denied a request by Pleasant View Protection Corporation (PVPC) to split the case into two separate proceedings, noting judicial economy and the OLT’s purpose of adjudicating matters in an efficient manner.
The PVPC, an incorporated neighbourhood group opposing the project, argued for a “phased hearing,” contending the Tribunal should first decide if the Niagara Escarpment Plan (NEP) allows the school use before looking at the specific plans for an accessory gymnasium and septic system expansion.
“PVPC’s position is that the amendment to the plan should be adjudicated first to decide the question of whether the use is allowed, before consideration of the development permit which is contingent on the amendment being granted,” the ruling states.
Scott Snider, counsel for CIC, argued against the delay, stating that “piecing out” the appeals would be “inefficient”. He noted that “the expert witnesses would be the same for both appeals and that a phased hearing would duplicate time and effort”.
The Tribunal accepted Snider’s position, noting it is “accustomed to hearing related appeals in the same hearing where one matter is contingent upon the outcome of the other”.
“Where the expert witnesses and evidence are the same for both appeals and the issues are intricately linked, the Tribunal is reluctant to separate the matters into phases without good reason,” Mason wrote.
Issues List Set
The OLT accepted an issues list from the parties with 34 items of disagreement.
A key determination that needs to be decided is whether the school will constitute an “urban use” under the Niagara Escarpment legislation. If it is an urban use in the rural Pleasant View area, it could be denied pending the next review of the Niagara Escarpment Plan.
Issues raised by the PVPC include whether the proposal is consistent with the Niagara Escarpment Plan’s goal to “protect unique ecologic and historic areas” and whether it maintains the “open landscape character” of the area. They are also challenging the adequacy of the project’s Environmental Impact Study and Transportation Impact Studies.
The City of Hamilton issues include if project has “regard to the conservation and protection of cultural heritage resources” and whether the proposed private school represents “good land use planning and is in the public interest”.
Hamilton’s water department has also flagged technical concerns regarding the site’s private septic sewage system, especially if it has the capacity to handle what a school use would generate more than 10,000 litres of sewage per day.
The City has not taken a formal public position on the application. The City secured party status to ensure its planning submissions are heard by the Tribunal.
PVPC Hadn’t Paid Costs from Divisional Court Defeat
The ruling also notes an ongoing dispute between the neighbourhood group and developer regarding unpaid cost awards from previous court battles. Snider asked the OLT to enforce cost awards granted against the PVPC by the Divisional Court.
The PVPC lost a judicial review application seeking to prevent the OLT from considering CIC’s application.
The Divisional Court ordered PVPC to pay $17,000 in costs by July 20, 2025. The OLT hearing was on November 25, 2025.
The Tribunal declined to intervene, noting “that it does not have jurisdiction to enforce cost awards given in other forums and would not wade into the matter”.
OLT Details:
Case Number: OLT-23-000388
Production Details
v. 1.0.0
Published: February 22, 2025
Last updated: February 22, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version
