CELA was retained in early 2023 by No Clearcuts Kingston (NCK), a non-profit organization that has been engaged in a lengthy community-based fight against the residential/commercial development of a former tannery site beside the Cataraqui River.
In September 2022, Kingston’s city council refused to approve the development under the Planning Act, and the developer appealed the refusal to the Ontario Land Tribunal (OLT). NCK agrees with the City that the current development proposal does not adequately protect ecological systems, natural heritage, water, and public safety, particularly given the risk of natural hazards and climate change impacts.
In February 2023, the OLT granted party status to NCK so that it could fully participate in the appeal hearing. The five-week video hearing by the OLT took place in February-March 2024.
The hearing focused on the developer’s appeals against the City’s refusal to allow the proposed development, which, if approved, would destroy part of a provincially significant wetland and remove significant woodlands that exist on-site. In support of the City’s refusal, our client’s expert witnesses provided opinion evidence on potential impacts to groundwater, surface water, natural heritage, ecological receptors, and public health and safety.
The OLT released its decision in August 2025 – it conditionally approves a scaled-down version of the residential/commercial development, but the Tribunal agreed with the City and NCK that an on-site portion of a Provincially Significant Wetland must not be altered or developed.
Additional plans, documents, studies, and approvals are required before the development can be constructed, and NCK will continue to closely monitor this situation.
