John Corbett

The Appellants brought an uncontested motion seeking a determination that their appeals of Official Plan Amendments 232 and 44 to the Urban and Rural Hamilton Official Plans were valid.

The City of Hamilton took no position.

Relying on the uncontested affidavit of a registered professional planner and the relevant provisions of the Planning Act, the Ontario Land Tribunal granted the motion, finding the appeals valid and confirming its jurisdiction to adjudicate them.

The appellant brought a motion for disclosure of the City's hydraulic water and wastewater models, as well as data related to airport noise contours, in the context of an appeal concerning an urban boundary expansion.

The City consented to releasing the water model but opposed releasing the wastewater model and the airport data, arguing the wastewater model was inaccurate and the airport data was not in its possession.

The Tribunal ordered the disclosure of both models, finding them relevant and necessary since the City intended to rely on them to some extent.

The Tribunal also ordered the City to disclose the airport data if and when it becomes available to the City, failing which neither party may rely on it at the merit hearing.