On June 5th, 2026, Millcroft Greens, the developer planning to build homes on the Millcroft golf course, posted this on its website.
“Burlington residents – specifically those in Millcroft – should call upon the Mayor and CAO to immediately release all correspondence and records relating to the Millcroft Greens property so that the decision-making process can be fully evaluated for truthfulness and transparency. It is time for accountability: Burlington residents have the right to know who knew what, when they knew it and why officials have not been transparent. “
Ward 2 Councillor and mayoral candidate Kearns has pushed for the release of more information.
On June 26, 2026, the city released the following information:
“the Commissioner of Legal and Legislative Services/City Solicitor confirms that external litigation expenses totaling an aggregate amount of $785,280.37 were incurred by the City in the litigation of this appeal at the Ontario Land Tribunal.”
https://burlingtonpublishing.escribemeetings.com/filestream.ashx?DocumentId=97755
This is a start. We now know the city spent $785,280.37 on “external litigation expenses”. In other words, taxpayers paid $785,280.37 to one or more law firms to fight the Millcroft Greens development proposal at the Ontario Land Tribunal or OLT.
Here is the full memo:
Memo Details
On June 23, 2026, Council considered Legal Report LLS-15-26 and approved a direction to the Commissioner of Legal and Legislative Services/City Solicitor to release, and thereby waive privilege over, the aggregate amount paid to external litigation expenses in respect of the Ontario Land Tribunal appeal hearing regarding Millcroft Greens Corporation held between March 5, 2024 and March 29, 2024.
On June 12, 2024, the Ontario Land Tribunal released its reasons for a decision in this matter, granting the appeals by Millcroft Greens Corporation regarding the City’s Official Plan and Zoning By-law, and a proposed plan of subdivision. The City retained external legal counsel to represent the City in this matter, along with retained multiple expert witnesses in the fields of land use planning and water resource engineering. This litigation has concluded in full.
In accordance with Council’s direction, the Commissioner of Legal and Legislative Services/City Solicitor confirms that external litigation expenses totaling an aggregate amount of $785,280.37 were incurred by the City in the litigation of this appeal at the Ontario Land Tribunal.
In no other respect is privilege waived in this matter.
Author:
Blake Hurley
Commissioner of Legal and Legislative Services/City Solicitor
905-335-7600 ext. 7611
After the Mayor and the Ward 6 Councillor breached confidentiality by posting about the offer online, Burlington City Council voted 5–2 to waive solicitor-client privilege over only a limited amount of information. Millcroft Greens—along with some dissenting city councillors—contends that the city is withholding the full story to control the narrative.
Now that the developer has publicly called for the release of all confidential documents, will the city continue to hide documents related to this saga, or is it time for all the information to be shared with the public?
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