The Ontario Land Tribunal is expeditiously moving a contentious 17-home development application in Ancaster to a hearing, seeking to overturn a near-unanimous Hamilton City Council decision.
City Council voted 13-2 to reject the low-density project in early May, overriding a recommendation for approval from city planning staff.
Council cited environment concerns and infrastructure lifecycle costs among the reasons for denial, following the submission of large numbers of letters to City Council opposing the removal of 659 trees on an existing woodlot.
Following the Council denial, the landowner, Lux 387 M.D. Holdings Inc et al, quickly appealed to the OLT.
The OLT quickly conducted the first case management conference on September 10, and has directed legal counsel for the City of Hamilton and the landowner to draft an issues list and procedural order by November 3.
Despite the dozens of letters of opposition submitted to City Council, there were no third-party requests for either party or participant status submitted.
City Council will need to retain external professional planners and experts to defend its decision.
City staff will be subpoenaed to testify in favour of the development.
Acting Director of Planning and Chief Planner Anita Fabac had signed a staff recommendation that Council approve the project, writing, “The proposal contributes to the achievement of creating complete communities by providing family friendly homes on underutilized land, extends the existing right-of-way of Braithwaite Avenue to Hamilton Drive to further improve the connectivity of the area by completing the existing road network.”
The City of Hamilton has retained legal counsel with environmental expertise, Michael Finley, to defend the City Council decision. The developer’s counsel is David Bronskill.
The next case management conference is scheduled for November 10 at 10 a.m.
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Published: October 4, 2025
Last updated: October 4, 2025
Author: Joey Coleman
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