Burlington moves to challenge the Nelson Quarry expansion approval at the Tribunal and in court

What happened

The Ontario Land Tribunal ruled for Nelson Aggregate Co. on August 18, 2026, allowing the company's appeals over its proposed expansion of the existing quarry at Mount Nemo in Ward 3. The City's project page now lists the application's status as approved.

On September 15, the City announced that it would file a request for review of the decision and an application for judicial review with the Divisional Court, both before the September 17, 2026 deadline. The City says its legal counsel identified issues with the decision that warrant further consideration, and that it is pursuing both processes to keep its legal options open within the required timelines.

The two routes

According to the City, the applicable legislation gives no right of appeal from this Tribunal decision. Parties can instead ask the Tribunal's Chair to review it, and can apply to the Divisional Court for judicial review. Both must be started within 30 days of the decision, which set the September 17 deadline. Because the matters will be before the Tribunal and the Court, the City says it will not comment on its specific legal grounds.

The proposal

Burlington Nelson Quarry proposed to expand west onto lands that now hold the Burlington Springs Golf Club and south onto agricultural and residential lands. The site addresses listed by the City are 5235 Cedar Springs Road and a series of properties on No. 2 Side Road. The expansion needed approvals under the Aggregate Resources Act, the Planning Act and the Niagara Escarpment Planning and Development Act.

How the City could act now

The City said on September 15 that Council is subject to the restricted-acts provisions of section 275 of the Municipal Act, 2001, which apply because fewer than three-quarters of current members will form the next Council. During that period Council cannot authorize an unbudgeted expenditure or incur another liability over $50,000. The City says its Commissioner of Legal and Legislative Services/City Solicitor instead exercised delegated authority, granted before the restricted period began, to commence the proceedings.