Ontario Construction News staff writer
The City of Burlington is going to challenge an Ontario Land Tribunal decision that permits Nelson Aggregate Co. to expand its existing quarry onto land south and west of the current site.
The city announced on Thursday that it will submit a request for review with the OLT chair, along with an application for judicial review to the Divisional Court by the Sept. 17 deadline.
The OLT issued its decision on August 18, approving Nelson Aggregate’s appeals concerning the proposed quarry expansion.
According to the relevant legislation, there is no right to appeal the tribunal’s decision. However, parties can request a review from the OLT chair and can file for judicial review in Divisional Court. Both actions must be initiated within 30 days.
Burlington stated that its legal team identified concerns regarding the August 18 ruling after a thorough examination and concluded that these issues deserve further attention.
The city is pursuing both avenues to keep its legal options open within the necessary timelines.
The commissioner of legal and legislative services/city solicitor has used delegated authority to start these proceedings after consulting with city staff and external legal advisors.
Burlington officials mentioned they won’t comment on specific legal grounds or arguments related to this case since it will now be handled by the tribunal and court.
The city has frequently expressed concerns about this quarry expansion plan and indicated that updates will be provided as legal proceedings progress and more information can be shared publicly.
This legal action comes while Burlington council is under restricted-acts provisions of Section 275 of the Municipal Act, 2001.
The provisions apply because fewer than three-quarters of current council members are set to continue in office following the municipal election.
D uring this restricted period, council cannot approve any unbudgeted expenses or take on liabilities exceeding $50,000.
However, authority given before this restricted period remains active. The city noted that this allows the commissioner of legal and legislative services/city solicitor to begin these proceedings under Burlington’s Delegation of Authority Bylaw.
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