City of Burlington disappointed with Ontario Court of Appeal Airpark decision

City of Burlington Press Release, May 24, 2017— The City of Burlington is disappointed with the Ontario Court of Appeal’s decision released today to allow the appeal of the Superior Court of Justice’s Order that had required Burlington Airpark Inc. to obtain a site alteration permit for the fill it had deposited on the site since 2008.

The city will continue to use its regulatory authority to require a site alteration permit for any new fill proposed to be deposited at the Airpark site.

The city will also continue to work with its partner agencies—including Halton Region, Conservation Halton and the provincial Ministry of Environment and Climate Change—on regulatory matters related to the deposit of fill at the Airpark site.


On June 30, 2016, the Ontario Superior Court of Justice ruled in favour of the City of Burlington’s application to compel Burlington Airpark Inc. to submit an application for a site alteration permit for the fill deposited between 2008 and 2013 to comply with the city’s bylaw.

An appeal by Burlington Airpark Inc. to the June 30, 2016 judgement in favour of the City of Burlington was heard by the Ontario Court of Appeal on March 28, 2017 at Osgoode Hall, 130 Queen St. West in Toronto.

The City of Burlington site alteration bylaw 64-2014 regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Individuals doing this type of work must first submit an application to the city for a site alteration permit.

Blake Hurley, Assistant City Solicitor

“We are disappointed with the decision made by the Ontario Court of Appeal. Staff and legal counsel will be reviewing the decision in detail and working with City Council to determine how the city will proceed forward in this matter.”

Links and Resources

For more information, visit www.burlington.ca/airpark.


Communications contact:

Donna Kell
Manager of Communications
Office: 905-335-7600, ext. 7841

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