The Ontario Land Tribunal is being asked to overturn the decision of Hamilton Conservation Authority (HCA) Board of Directors to deny an application to build a six-storey, 129-unit residential building at 55 Cootes Drive in Dundas.
The HCA Board voted unanimously in January to deny the application, ruling that in the event of a severe flooding event, residents’ lives will be in jeopardy, and the building could be severely damaged.
The developer, 7612737 Canada Corp (Dr. Allen Greenspoon), filed the OLT appeal on March 28.
In the appeal cover letter, lawyer Brian Duxbury writes the building could be surrounded by waters in a severe ‘Hurricane Hazel‘ level flood event, but emphasised the building is being designed to prevent those waters from entering the property.
“The proposed redevelopment satisfies all of the requirements of the Hamilton Conservation Authority (“HCA”) save and except for an issue of safe access,” Duxbury’s appeal cover letter reads. “The only issue is that the surrounding environs during a regulatory flood event would not enable pedestrians or vehicles to easily get to or leave the building during the duration of a flood event.”
Duxbury writes the HCA Board concluded “The activity is likely to create conditions or circumstances that, in the event of a natural hazard, might jeopardize the health and safety of persons or result in the damage or destruction of property,” [emphasis added by Duxbury] and “This language is not a prohibition of development in regulated areas.”
He writes, “The issue of safe access only arises from the issue of a regulatory flood event criteria (the Hurricane Hazel standard) and there is no evidence, and none was provided to the Hearing Board, to demonstrate that this vicinity in Dundas has ever experienced such a regulatory flood event.”
The HCA will defend its denial during the OLT process.
The OLT has set the first case management conference for July 2.
Production Details
v. 1.0.0
Published: June 14, 2025
Last updated: June 14, 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
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