The Ontario Land Tribunal has set aside seven days in March 2026 to hear an appeal by the landowner of 55 Cootes Drive in Dundas who wants permission for a proposed six-storey, 129-unit residential building that could be surrounded by flood waters during a severe ‘Hurricane Hazel’ level flood event.
Hamilton’s Conservation Authority Board denied the application in January 2025, after determining the development would put residents’ lives in jeopardy during severe flooding events and could result in severe damage to the building due to flooding risk from nearby Spencer Creek.
The property is located within the floodplain of the Spencer Creek, and is close enough to Cootes Paradise that the HCA states flooding events there could impact the property.
The technical issue centers on elevation: the building would sit at 82.15 metres elevation, just above the regulatory flood elevation of 82.14 metres. The access street (King Street) sits at approximately 79 metres, meaning the building could be surrounded by flood depths of over three metres during a regulatory flood event.
Today’s (September 2, 2025) second Case Management Conference was limited to setting dates for the hearing because lawyers for both sides continue to work to resolve the issues list and a draft procedural order.
The seven-day hearing is scheduled to begin on March 3, 2026.
The OLT will conduct a third case management conference on October 3, 2025, to finalize the issues list and procedural order.
The hearing solely deals with issues under the Conservation Authorities Act. The City of Hamilton is neither a party nor a participant. The City granted conditional approval in 2020, pending the determination of the HCA.
The owner’s appeal letter, dated March 28, 2025, is embedded below:
Production Details
v. 1.0.0
Published: September 2, 2025
Last updated: September 2, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version