A landowner, a developer and a contractor are among those facing charges under Burlington, Ont. bylaws, after 425 trees were cut down on a privately owned golf course in May.
On September 23, the city of Burlington announced charges under its private status of trees against “five parties, including the developer, landowner and contractor,” alleging that the parties caused or permitted the injury or destruction of trees without required permits between April and June.
The city said it also filed additional charges against the contractor for removing and damaging trees under the public tree ordinance. He said he would not comment further because the matter is before the courts.
Documents filed in Halton Provincial Crime Court show multiple charges against Argo Development Corporation, Argo (Millcroft) Limited, Millcroft Greens Corporation, Timbertek Inc. and 2079610 Ontario Ltd., with a first appearance scheduled for Nov. 5.
When asked by CBC Hamilton for its response to the charges, a spokesperson for developer Millcroft Greens shared an email statement saying: “We categorically deny these charges and look forward to the matter being clarified in court.”
CBC Hamilton also reached out to Argo and Timbertek but did not receive a response before publication.
The development in question involves rehabilitating parts of a private golf course to build the housing lot on four plots of land on the course, as well as the construction of the nearby apartment.
A neighborhood group called Millcroft Against Bad Development (the group uses MAD for short) has been vocally opposed. Burlington’s north suburban neighborhood is highly integrated with the golf course, which forms a figure-eight pattern throughout the area. In May, MAD members were excited to Hamilton told CBC The loss of the trees meant a loss of green space for residents and irreparable damage to their community.
On Friday, MAD member Cynthia Shanahan said her group was “absolutely thrilled” by the charges.
“We hope they throw the book at them,” he said. “We still cry when we look at the stumps.”
In a statement to CBC Hamilton in May, a spokesperson for developer Millcroft Greens said “all work that was carried out on the site was carried out only after the necessary approvals were obtained.”
They also said they recognize that “many in the community are disappointed to see trees being cut down,” but it is often a “necessary step” in creating new homes.
The spokesperson acknowledged 425 trees were felled, but said Millcroft Greens protected and maintained 425 trees and will plant “more than 2,600 new trees across the developed blocks”.
Environment and Climate Change Canada (ECCC) was also investigating the tree cutting to determine any non-compliance with the Ontario Migratory Bird Convention Act. The law prohibits the disturbance or destruction of migratory birds, their nests and eggs, but does not protect the trees themselves.
On Monday, a ministry spokesperson told CBC Hamilton ECCC has no reason to suspect non-compliance and has not sought any enforcement.
Community group Millcroft Against Bad Development (MAD) is opposing developer Millcroft Greens’ plan to build 90 homes on a redeveloped golf course running through a neighborhood in northern Burlington, Ont. In early May, the developer cut down 425 trees in preparation for the work. MAD members share their frustration.
Shanahan says since the trees came down, the neighborhood seems noisier and he hasn’t liked spending as much time in his backyard, which overlooks the golf course as many of his neighbors do.
MAD maintains that the development, which will include 90 homes, is not worth destroying or disrupting and will not significantly increase the supply of affordable housing in the city.
The city of Burlington has a goal of building 2,724 housing units by the end of 2026, according to its website to meet “the housing needs of the community,” including 228 affordable units.
Millcroft Greens previously said its builder Hallett Homes will determine prices.
Work continues on site
Shanahan said MAD is still waiting for the province to step in and cancel the development, which the Ontario Land Court approved in 2024 after the city of Burlington denied it.
In a June 2024 news release about the court’s decision, the city said the development “did not align with the needs and interests of Burlington residents,” citing “the need to preserve green space, ensure sustainable environmental practices, and maintain the character of existing neighborhoods.”
According to the city, preparation work on the golf course construction site is scheduled for this fall, including installing fencing at entry points. He says site investigation work, including drilling, will be conducted, but no city permits are required. Other work may be done in the near term, the city said in a Tuesday news release.
