The Ontario Land Tribunal, acting as the hearing office under the Niagara Escarpment Planning and Development Act, held its first case management conference for two related appeals regarding a proposal by Columbia International College to use the former convent of the Sisters of St. Joseph at 154 and 574 Northcliffe Avenue as a day school location for over 1000 students.
One application is to permit the use, the other is to add a gymnasium to the property. In 2023, the Niagara Escarpment Commission (NEC) ‘procedurally refused’ the use application to send it to the Ontario Land Tribunal for a public hearing.
The OLT’s role in this matter is to conduct a full public hearing and make recommendations to the Minister of Natural Resources and the NEC.
OLT Vice-Chair Hugh Wilkins explained some of this process.
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.
Tuesday’s hearing was quickly scheduled after the Ontario Divisional Court dismissed a judicial review application by a group of neighbours who’ve incorporated as the Pleasant View Protection Corp.
Determination of Parties Quickly Completed
There will be three parties for the hearing:
The applicant, Columbia International College; the City of Hamilton; and the incorporated residents group.
City of Hamilton lawyer Patrick MacDonald stated that City Council must formally approve the City’s participation. Due to the speed with which of the case management conference was scheduled after the Divisional Court decision, there were no scheduled council meetings to receive that direction.
Potential Evidence and Witnesses Focus of Case Management Conference
Much of Tuesday’s case management discussion was focused on how to handle the two separate applications. Each must be conducted under different processes, but they are interwoven.
Scott Snider, lawyer for Columbia International College, argued the two applications (the school use is one, the gymnasium addition is the second) should be held concurrently, arguing it would be inefficient to hear the matters separately.
He noted that if the school use is not approved, it is unlikely the College will build the gymnasium addition.
Snider argued the school use is a modification of the existing use of the convent.
Most discussion centred on handling the two separate applications, which must follow different processes despite being interwoven.
Columbia’s lawyer Scott Snider argued for concurrent hearings, saying separate proceedings would be inefficient. He noted the College would unlikely build the gymnasium if the school use is rejected, and argued the school represents a modification of the convent’s existing use rather than a new use.
No decisions were made. Wilkins directed parties to discuss issues, evidence, and witnesses, then return October 31 with a draft plan, two issues lists, and two procedural orders.
Production Details
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Published: August 26, 2025
Last updated: August 26, 2025
Author: Joey Coleman
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