140 Garner Road E - The Garner Marsh

December 2025 update: There is now a further opportunity to send comments to the OLT against this application!

Our beloved Garner Marsh is once again under threat of being paved over by reckless developers who will have their day in court before the Ontario Land Tribunal (OLT) on Feb. 17th, 2026.  The OLT has given citizens a second opportunity to comment, as a Participant, BEFORE December 12th.  We want many eyes and ears on the OLT and the Developer so they know there is huge opposition to this proposal and we are watching.  Consequently, we are asking anyone who has not yet sent in a comment to the OLT to do so, by following the instructions below.  If you have already sent in comments, they are still valid and are recognized by the OLT.

Below the instructions and updates, you will find a detailed history of 140 Garner Road East as well as many talking points which you can use to help craft your Participant Statement.

First time commenters, please send comments to the OLT by the Dec 12 2025 (instructions below).

Comments can only be sent via the Participant Request and Statement form HERE

Participant Status only allows you to send comments and watch the online hearing (mic off)

Form instructions:

• Tribunal Case number: OLT-21-001788

• Representative: ignore, not relevant

• Write your statement in the box on the form. State that you are against the proposal and in your own words (don’t copy/paste), give your reasons why. Feel free to use the talking points below.

• Save your completed participant request by using the ‘save’ button on the form page. It will save to your downloads folder.

• Write an email asking to be granted Participant Status for this case and put the OLT case number in the subject line.

• Attach your completed Participant Request Form to your email

• Send your email and the attached form to the following contacts:

• Paul.DeMedeiros@ontario.ca

• Brian@duxburylaw.ca

• Patrick.MacDonald@hamilton.ca

• Mbarrett@airdberlis.com

Talking points for your comments: State in your own words (please don’t copy/paste) that you are against the proposal’s plans to relocate any part of the Garner Marsh to make way for industrial development.

• The application runs contrary to the intent of the AEGD Secondary Plan where the area is identified as an ‘Eco-Industrial Business Park’ and lists these principles: ‘Design with nature by protecting streams, mature trees, wetlands, significant habitat and integrate topography into developments” and “Integrate the open space system with the Greenbelt and other natural areas."

• The Garner Marsh is fed by underground springs which would make relocation of the marsh impossible

• Approval would destroy the headwater of Ancaster creek, a rare cold water creek which supports specialized species adapted to those conditions.

• Approval would mean the loss of hundreds of mature trees, loss of biodiversity, and destruction of habitat for species at risk, all of which run contrary to the City’s plan to increase the Urban Forest Canopy and increase biodiversity through the City’s new Biodiversity Action Plan.

• The Garner Marsh is the headwater of Ancaster Creek subwatershed which is a rare “coldwater system” that supports biodiversity and species which can only survive in a cold water environment.

• The HCA turned down this scheme twice - once when the proponent applied for a permit; and again when the HCA decided not to have an offsetting policy that would allow such developments. The OLT should respect the HCA’s permit denial.

• The Ancaster Creek subwatershed has already lost 97% of it’s wetlands.

Garner Marsh Natural Features

• The Garner Marsh is listed on provincial mapping and has been identified by the HCA as a ‘locally significant wetland’. The Urban Hamilton Official Plan states that Natural Heritage System wetlands will be protected as wetlands are defined as “Core Areas”. The Garner Marsh is situated over a Highly Vulnerable Aquifer and groundwater in this area is highly sensitive.

• There are many creatures living in the marsh and the Environmental Impact Assessment found American toads in such abundance that their calls were listed as “Code 3 - Full chorus; calls continuous and overlapping, when there are so many males of one species calling that all the calls sound like they are overlapping and continuous (like a blur of sound).

• Although Phragmites is present in the Marsh, the dominant species is Cattail. Phragmites is invasive but its presence is controllable and is by no means a reason to destroy the Marsh.

• The Marsh is located in a ‘significant groundwater recharge area’ meaning the water is subsurface. The marsh is fed by an underground spring and has no open water which is important because it’s proximity to the Hamilton Airport means open water is discouraged in this area as it attracts waterfowl which pose a risk to aircraft.

• The Marsh and agricultural fields and hedgerows around it are the most biodiverse location in this area which is directly attributed to the Marsh itself being both a high quality food source and habitat. The bird count at this marsh rivals that of the protected Royal Botanical Gardens. Identified at the Marsh were multiple species and more than 67 species of birds.

• Also present are multiple species of amphibians, dragonflies and reptiles, as well as white-tailed deer and eastern cottontail. Additionally, the land surrounding the Marsh supports salamanders, foxes, coyotes, bats.. There were three nationally significant species, three provincially significant species and eight locally significant species identified at the Marsh.

• It supports species both in the Marsh itself and downstream that rely on this characteristic and the coldwater creek (Ancaster Creek) whose source is here. Ancaster Creek is one of the few coldwater creeks in the area, supporting coldwater aquatic life downstream such as brown trout and historically, Redside dace.

• The Garner Marsh is an important connection within the surrounding countryside via a hydro corridor to the property which is identified as a major linkage and “core feature” of the natural heritage system mapping on Hamilton’s Official Plan. Additionally, there are hedgerows and thickets all around the Marsh as well as a large woodlot at the back of the property in proximity to other core natural areas and linkages, providing a valuable connection to other natural heritage features in the headwaters.

At-risk or locally important species found at the Garner Marsh include:

• Wood Thrush (Br, U, L) COSEWIC status: THREATENED; SARO status: SPECIAL CONCERN

• Eastern Wood Pewee (Br, L) COSEWIC status: SPECIAL CONCERN; SARO status: SPECIAL CONCERN

• Monarch Butterfly - designated as ENDANGERED on COSEWIC, and SPECIAL CONCERN on SARO

• American Chestnut located in woodlot adjacent to the Marsh - COSEWIC status: ENDANGERED; SARO status: ENDANGERED

• Blandings Turtle located on Garner Road adjacent to the Marsh in 2018. COSEWIC status: ENDANGERED; SARO STATUS: THREATENED

• Feeding ground for maternal bat colonies who inhabit the adjacent woodlot.

• Tundra Swan (M) (230 count) Migrants who stop and stage on this property every March on their migration

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September 2025 update: The landowner’s application for a permit to move the Marsh has not yet been approved or denied by the HCA but in the meantime they have decided to move ahead with their second case, an appeal against the City of Hamilton for non-decision of their warehouse development. ‘Non-decision’ usually arises when the parties reach an impasse or the City/CA has requested more, or updated studies, and the applicant does not supply them. When 120 days have passed since their application submission, landowners may then appeal to the OLT citing non-decision, thanks to new legislation from Doug Ford.

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April 2025 update: The landowner has withdrawn their 2021 OLT application to ‘move’ the Marsh and, on Nov 6, 2024, submitted a new application to the HCA for 'partial relocation' of the Marsh. As of April 2025, that application has been deemed incomplete by the HCA and sent back to the landowners twice for revision. Once the application is deemed complete, HCA will have 90 days to make a decision regarding the permit application. If HCA fails to make a decision within 90 days or refuses the permit application, the developers can appeal again to the OLT.

SOSH filed a Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) request for access to the developer’s permit request and supporting documents. They are listed below.

  HCA Permit App. Cover Letter (2024-11-06).pdf

  HCA Application Form (2024-11-06) signed

  Hydrogeological Assessment_Water Balance (2024-09)

  Feature-Based Water Balance Report (2024-09)

  Functional SWM Report (2024-09-11)