The Ontario Land Tribunal has finally ruled on January 8th, 2025 on Vrancor’s application to build a 31 + 36 storey behemoth (our words) on the current Waterfront Hotel property. Member Sharon Dionne, who presided over the 10-day hearing (April 29th – May 17th) of case OLT-22-003866, decided to reject the application, which the City of Burlington had previously rejected, on the basis that “the Proposed Development is not of proper intensity, scale and height, does not “fit” in this location and planning context, nor is it compatible with the adjacent public parklands and private lands east of Elizabeth Street, and it does not represent good planning.”

This decision supports what Citizens’ PLAN B has been advocating for the last 7 years, and we are elated.

The Tribunal added that the property could still accommodate a tall two-tower building complex, subject to much “more work to be done” on reducing wind impact, reconfiguring parkland dedicated along the west property line & overall transitioning to the park, improving traffic flow along Elizabeth St. and maintaining view corridors to Lake Ontario, in a future re-design. Ultimately, a developer (likely Vrancor) will return with another such application.

This was a complex case to rule on. OLT Member Dionne made a decision that required discernment & took courage. Burlington engaged a “top gun” lawyer in Osler’s Chris Barnett, who, along with the Pearle’s Ira Kagan, masterfully ‘litigated’ the case by debunking Vrancor lawyer’s (David Bronskill of Goodmans) claim that Intensification is the overriding #1 Priority. We are grateful to Councillor Lisa Kearns and Mayor Marianne Meed Ward for supporting this key decision which, in our opinion, represented taxpayers’ money being ‘well spent’.

One of the lessons learned from the OLT-22-003866 ruling must be that any redevelopment of the Waterfront Hotel should enhance the Burlington downtown gateway to Lake Ontario and extend Spencer Smith Park, which is what we at PLAN B have & will continue to advocate for.

Future generations will surely reap the reward.