Ontario Construction News staff writer
The City of Burlington will seek a review of an Ontario Land Tribunal decision that allows Nelson Aggregate Co. to expand its existing quarry onto lands south and west of the current operation.
The city said Thursday it will file both a request for review with the OLT chair and an application for judicial review with the Divisional Court before the Sept. 17 deadline.
The OLT released its decision Aug. 18, allowing Nelson Aggregate’s appeals related to the proposed quarry expansion.
Under the applicable legislation, there is no right of appeal of the tribunal decision. Parties can, however, ask the OLT chair to review a decision and can apply to the Divisional Court for judicial review. Both processes must be initiated within 30 days.
Burlington said its legal counsel identified issues with the Aug. 18 decision following a detailed review and determined they warrant further consideration.
The city is pursuing both processes to preserve its legal options within the required timelines.
The commissioner of legal and legislative services/city solicitor has exercised delegated authority to commence the proceedings in consultation with city staff and external legal counsel.
Burlington officials said they will not comment on the specific legal grounds or arguments behind the proceedings because the matters will now be before the tribunal and the court.
The city has consistently raised concerns about the proposed quarry expansion and said it will provide further updates as the legal proceedings move forward and information can appropriately be made public.
The legal action comes while Burlington council is subject to the restricted-acts provisions of Section 275 of the Municipal Act, 2001.
The provisions apply because fewer than three-quarters of the current council members will form the next council following the municipal election.
During the restricted period, council cannot authorize an unbudgeted expenditure or incur another liability exceeding $50,000.
However, authority delegated before the restricted period remains in effect. The city said that allows the commissioner of legal and legislative services/city solicitor to commence the proceedings under Burlington’s Delegation of Authority Bylaw.
