Bill Dermody: A true advocate for the environment | Brian and Rashne Baetz

Law360 Canada (April 17, 2024, 10:40 AM EDT) --

Brian Baetz

Rashne Baetz

The Pleasant View area in the former Town of Dundas is nestled between the south-facing Niagara Escarpment and the marshlands of Cootes Paradise. These predominantly rural lands are certainly very special in terms of natural ecology.

The area has heavy clay soils and the post-war development of scattered modest homes typically had a well for water and a septic field for on-site sewage treatment. Because of the heavy clay soils, there was often a direct transmission pathway from the septic bed to the house’s well, and many contaminated drinking water situations ensued.

The Region of Hamilton-Wentworth declared a public health crisis after many children got sick from contaminated water, and municipal water service was ultimately provided to the area. Because of the area’s rolling topography, there was no readily available sanitary sewer access, so this protected the land for a certain period from more extensive development. But at some point, the former Town of Dundas and the Region of Hamilton-Wentworth wanted development in the Pleasant View area to pay off the cost of the municipal water provision and to generate more tax revenues for their municipal coffers. Rural estate development was first proposed on one-acre lots, but the Public Health folks said that wasn’t a sufficient area for what would inevitably become septic bed failure, so two-acre zoning was then proposed. The resulting official plan amendment opened up the proposal for appeal and the Conservers Society of Hamilton and District (Dundas chapter) vehemently opposed the undertaking and became an official appellant for a six-week OMB hearing in 1995. This was a forum where David literally stared down Goliath, the small environmental group and its modest resources against a battery of lawyers representing the developers and the town and region.

The Dundas Conservers, fortunately, retained William Dermody of Hamilton as their lawyer and Barbara Marshall as their rural planner, both of whom would play pivotal roles in protecting this land and allowing the creation of today’s Cootes to Escarpment EcoPark System. On the first day of the hearing, overseen by Chair Ted Yao, the region’s top planner was first on the stand. Dundas Conservers, as the main opposition, had the privilege of first examination. Dermody stood up to his full height of six foot seven inches, taking what seemed like a full minute to do so, rearranged his haberdashery and then posed a simple question to the regional planner: “Madame planner, how many houses are projected to be built in the Pleasant View study area?” He waited patiently, with his trademark gentle smile on his countenance. The planner looked down at her notes, started a sentence and quickly retracted it, all followed by a hard look upward for possible divine inspiration. After another minute or two of painful but instructive fumbling, she finally admitted to Dermody and the board chair that she was unable to provide an actual number.

Dermody let that sink in for a minute, nodded his head in a courtly fashion and looked to Yao saying, “Mr. chair, no further questions.” The damage had clearly been done, and this swashbuckling brinkmanship set the tone early on proving that the regional staff were not at the top of their game. In the end, Bill Dermody and Barbara Marshall secured a 25-acre restriction on any future housing for the area. This incredible result meant that true rural zoning would be applied to this area and this constraint has protected the lands to this very day.

Bill Dermody passed away in October 2023, in his 71st year. He was born and raised in Hamilton, growing up in Westdale as the oldest of four children, and attended high school at Cathedral Boys in Hamilton. He went on to study law at McGill and wrote his law exam in both French and English. While doing this, he lived above a funeral home named DA Collins where he worked part-time. After graduating, Dermody and his wife, Judy, moved to Ottawa where he started his career as a lawyer with the CBC, which was very fitting considering his love and passion for media. Some notable accomplishments of his law practice had him acting as general counsel to a number of businesses and institutions and serving as a friend of the court in several national class actions. In addition, he owned and operated (along with other members of the family) funeral homes and cremation services in Hamilton and London.

Bill Dermody was a talented lawyer and an even finer human being. A true gentle giant, he touched the lives of many in a very positive way. As Hamilton-based environmental activists, we honour the significant contributions he made to protect and preserve one of Canada’s most biologically diverse natural areas, right here in his hometown.

Brian Baetz is the director of McMaster’s W Booth School of Engineering Practice and Technology and is working with fellow club members John F. Evans, Kevin Empey, Jen Baker and Brian McHattie on fundraising for land acquisition in the Cootes to Escarpment EcoPark System. Rashne Baetz is a former Dundas town councillor and was one of two lead organizers for the Conservers Society of Hamilton and District, Dundas Chapter, in its successful opposition to development in the Pleasant View area of Dundas in the 1990s. Many thanks to Erin Dermody, Bill's eldest daughter, for providing key material points for this article.

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