Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 16, 2021 CASE NO.: PL171131

PROCEEDING COMMENDED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant(s)/Appellant(s): Parkside Hills Inc. Subject: Request to amend Official Plan – Failure of the City of Hamilton to adopt the requested amendment Existing Designation: Neighbourhoods and Mixed Use – Medium Density Proposed Designation: Site Specific Purpose: To permit the propose development – Phase 2A Property Address/Description: 609 and 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive Municipality: City of Hamilton Municipal File No:. UHOPA-17-03 OLT Case No.: PL171131 OLT File No.: PL171131 OLT Case Name: Parkside Hills Inc. (Country Green Homes Inc.) v. Hamilton (City)

PROCEEDING COMMENDED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant(s)/Appellant(s): Parkside Hills Inc. Subject: Application to amend Zoning By-law No. 90-145-Z – Neglect of the City of Hamilton to make a decision Existing Zoning: Automotive Commercial “AC-2” Zone, modified, Urban Residential (Single Detached) “R1-34 Zone, modified and Medium Density Residential “R6-16” Zone Proposed Zoning: Site specific Medium Density "R6-" Zone and site specific Urban Residential (Single Detached) "R1-" Zone Purpose: To permit the proposed development – Phase 2A Property Address/Description: 609 and 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive Municipality: City of Hamilton Municipal File No:. ZAC-17-013 OLT Case No.: PL171131 OLT File No.: PL171132

PROCEEDING COMMENDED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant(s)/Appellant(s): Parkside Hills Inc. Subject: Proposed Plan of Subdivision - Failure of the City of Hamilton to make a decision Purpose: To permit the creation of 63 residential dwelling units, consisting of 2 semi-detached and 22 back-to-back townhouse units fronting on a public road, 15 block townhouse and 24 back-to-back townhouse dwelling units fronting on a private condo road, and 1 block for road widening purposes – Phase 2A Property Address/Description: 609 and 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive Municipality: City of Hamilton Municipal File No:. 25T-201702 OLT Case No.: PL171131 OLT File No.: PL171133

BEFORE: R.G.M. MAKUCH VICE-CHAIR Thursday, the 16th day of December, 2021

THIS MATTER having come on for a public hearing and the Tribunal having a revised draft procedural order and issues list;

AND THE TRIBUNAL having received the revised materials provided by the parties on consent;

THE TRIBUNAL ORDERS that the Procedural Order set out as “Schedule A” to this Order shall be in full force and effect.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

SCHEDULE A

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The 2 day video hearing will begin on Thursday February 17, 2022 at 10:00 AM at 10:00 a.m. at:

Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/242083005 You can also dial in using your phone. Canada (Toll Free): 1 888 299 1889 Canada: +1 (647) 497-9373 Access Code: 242-083-005

An in-person hearing, if necessary in the alternative will be held at: Hearing Room 101, 50 Main Street East, Hamilton ON. L8N 1E9 in the City of Hamilton.

3. The parties’ initial estimation for the length of the hearing is two (2) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1. See Attachment 5 for the meaning of these terms.

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. The List of Witnesses shall be as set out in Attachment 4 to this Order.

8. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

9. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

10. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 12 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

11. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 12 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 12 below.

12. On or before 30 days prior to the hearing date, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 20 below.

13. On or before 30 days prior to the hearing date, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 20 below. A participant cannot present oral submissions at the hearing unless a written participant statement is filed.

14. On or before 15 days prior to the hearing date, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 20 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

15. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before 10 days prior to the hearing date.

16. Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT case co-ordinator, on or before five (5) days before the hearing date.

17. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

18. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

19. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before 10 days prior to the hearing with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

20. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

21. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

SUMMARY OF KEY DATES

DATE EVENT

30 days before the hearing Monday January 18, 2022 Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements

15 days before the hearing Tuesday February 2, 2022 Exchange of visual evidence

10 days before the hearing Monday February 8, 2022 Finalize Joint Document Book

10 days before the hearing Monday February 8, 2022 Final Work Plan filed with the Tribunal

7 days before the hearing Wednesday February 10, 2022 Notice witness(s) will not give oral evidence

5 days before the hearing Friday February 12, 2022 Password protected cross examination documents filed with Tribunal

February 17, 2022 Hearing commences

ATTACHMENT 1

List of Parties and Participants

PARTIES

Parkside Hills Inc.

Turkstra Mazza Associates 15 Bold Street Hamilton, ON L8P 1T3 Scott Snider and Anna Toumanians Tel: (905) 529-3476 Email: ssnider@tmalaw.ca/ Email: atoumanians@tmalaw.ca

City of Hamilton

City of Hamilton Legal Services Division, Corporate Services Department 50 Main Street East, 5th Floor Hamilton, ON L8N 1E9 Patrick MacDonald Tel: (905) 546-2424, ext. 4708 Email: Patrick.MacDonald@hamilton.ca

PARTICIPANTS

Gregory Rombough 25 Truedell Circle Waterdown, ON L0R 2H9 Email: grombough@gmail.com Tel: 905-975-9140

Randy Tennant Mary Ann Tennant 29 Truedell Circle Waterdown, ON L0R 2H9 Email: tennantrg@gmail.com Tel: 905-689-0913

Domingos Fernandes 43 Truedell Circle Waterdown, ON L0R 2H9 Email: domingosf.75df@gmail.com Tel: 905-570-1198

Jeremy Thommy or Yohan Thommy 68 Truedell Circle Waterdown, ON L0R 2H9 Email: Jeremy.thommy@gmail.com Tel: 416-721-2520

Valentina McManus 20 Truedell Circle Waterdown, ON L0R 2H9 Email: vhanzek@gmail.com Tel: 905-330-5245

James D Edgar Hongmei Li 141 Truedell Circle Waterdown, ON L0R 2H9 Email: egg_40@msn.com

Martin Kirbys 145 Truedell Circle Waterdown, ON L0R 2H9 Email: jmkirbys@cogeco.ca

Mark Mongelluzzo 33 Truedell Circle Waterdown, ON L0R 2H9 Email: mark.mongelluzzo@sas.com

Ryan Heerschap 32 Truedell Circle Waterdown, ON L0R 2H9 Email: ryanheerschap@gmail.com

Robert Munro 52 Truedell Circle Waterdown, ON L0R 2H9 Email: rsmunro73@gmail.com

Nino Giodano 41 Truedell Circle Waterdown, ON L0R 2H9 Email: ninog63@gmail.com

Anja Morrison 44 Truedell Circle Waterdown, ON L0R 2H9 Email: anjamorrison@gmail.com

Chris Repa 12 Truedell Circle Waterdown, ON L0R 2H9 Email: chris.repa@effem.com

Louie Dimatteo 149 Truedell Circle Waterdown, ON L0R 2H9 Email: louiedimatteo@gmail.com

Zuzanna Szmukier Trenton Wilde 153 Truedell Circle Waterdown, ON L0R 2H9 Email: zuzanna_81@hotmail.com Email: trentonwilde@gmail.com

ATTACHMENT 2

City of Hamilton Issues List

1. Does the development proposal provide for appropriate residential intensification and a range and mix of housing types, as required by Urban Hamilton Official Plan (“UHOP”) Volume 1 policies E.3.2.1, E.3.4.6 and Volume 2 policies B.4.2.2.1 and B.4.2.4.3?

2. Would approval of the Draft Plan of Subdivision have regard to the matters provided for in section 51(24) of the Planning Act?

3. If the Draft Plan of Subdivision is approved by the Tribunal, what are the appropriate conditions to apply to the draft plan of subdivision approval?

4. Would approval of the proposed OPA, ZBA and Draft Plan of Subdivision be consistent with the PPS, 2020 and conform to the Growth Plan for the Greater Golden Horseshoe, 2020?

5. Would approval of the proposed OPA, ZBA and Draft Plan of Subdivision conform to the UHOP?

ATTACHMENT 3

Order of Evidence

1. Parkside Hills Inc.
2. City of Hamilton
3. Participants (oral submissions)
4. Parkside Hills Inc. Reply

ATTACHMENT 4

Witness List of Parkside Hills Inc.

1. Matt Johnston, Land Use Planner (CV attached)
2. To be determined - Civil Engineer (only if required to address issue #3)
3. To be determined - Transportation Engineer (only if required to address issue #3)

Witness List of City of Hamilton

None

ATTACHMENT 5

Meaning of terms used in the Procedural Order

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

• direct examination by the party presenting the witness;
• direct examination by any party of similar interest, in the manner determined by the Tribunal;
• cross-examination by parties of opposite interest;
• re-examination by the party presenting the witness; or
• another order of examination mutually agreed among the parties or directed by the Tribunal.