Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 15, 2022
CASE NO(S).: OLT-22-002820 (Formerly PL171184), PL101121
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Parkside Hills Inc. (Country Green Homes Inc.)
Subject: Conditions of approval of draft plan of subdivision – Phases 2B & 2C
Property Address/Description: 609 & 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive
Municipality: City of Hamilton
Municipal File No.: 25T-201003
OLT Case No.: OLT-22-002820
Legacy Case No.: PL171184
OLT Lead Case No.: OLT-22-002820
Legacy Lead Case No.: PL171184
OLT Case Name: Parkside Hills Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 51(43) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Parkside Hills Inc. (Country Green Homes Inc.)
Subject: Conditions of approval of draft plan of subdivision – Phases 2B & 2C
Property Address/Description: 609 & 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive
Municipality: City of Hamilton
Municipal File No.: 25T-201003
OLT Case No.: OLT-22-002821
Legacy Case No.: PL171185
OLT Lead Case No.: OLT-22-002820
Legacy Lead Case No.: PL171184
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Parkside Hills Inc. (Country Green Homes Inc.)
Subject: Site Plan
Property Address/Description: 609 & 615 Hamilton Street North, 3 Nisbet Boulevard and 129-137 Truedell Drive
Municipality: City of Hamilton
OLT Case No.: OLT-22-002822
Legacy Case No.: PL171186
OLT Lead Case No.: OLT-22-002820
Legacy Lead Case No.: PL171184
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Parkside Hills Inc.
Subject: Proposed Plan of Subdivision - Failure of the City of Hamilton to make a decision
Purpose: To permit a proposed plan of subdivision
Property Address/Description: Part of Lot 8, Concession 4, municipally known as 619 Centre Road
Municipality: City of Hamilton
Municipality File No.: 25T-201003
Legacy Case No.: PL101121
Legacy Lead Case No.: PL101121
Heard: May 31, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Parkside Hills Inc.
F. Sperduti
(“Applicant” / “Appellant”)
J. Lesage
City of Hamilton (“City”)
P. MacDonald
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MAY 31, 2022 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was convened at the request of the Applicant to set out a process for resolving a dispute related to the clearance of conditions for a draft Plan of Subdivision (Tribunal Case No. (Legacy File No. PL101121)), which lands include a Site Plan Application (Tribunal Case No. OLT-22-002820 (Legacy File No. PL171186)), both approved previously by the Tribunal.
2At issue is the valuation of lands to be conveyed to the City for stormwater management (“SWM”). The agreed SWM facility will service the Applicant’s lands and other lands in the community of Waterdown within the City.
3The Applicant has filed a Notice of Arbitration and Statement of Claim with the Tribunal (Tribunal Case No. OLT-22-003809) related to the SWM lands. The Applicant requested that a process be commenced, either related to the conditions of this Subdivision or through the Tribunal’s processes in the proceeding under the Expropriations Act, to finally resolve the valuation dispute and enable the development to proceed.
4The City disagrees with the Applicant’s valuation of the SWM lands and, subject to further review, may also wish to challenge this separate proceeding initiated with the Notice of Arbitration, by a Motion to Dismiss on a jurisdictional basis given the peculiarities of this case.
5The Parties acknowledge that this CMC does not formally include the Arbitration file. With consent of the Parties, the Tribunal encouraged further discussions between the Parties, which could lead to private or Tribunal-led mediation to resolve the valuation dispute and clear the final Subdivision conditions.
6The Tribunal further directed that the valuation question, having been commenced by the Applicant’s Notice of Arbitration, be addressed through the Tribunal’s Arbitration process, including possible Motions, exchanges of submissions and evidence, and, if needed, an eventual hearing. The Parties, in consultation with the Case Coordinator, may advise when a CMC for the proceeding now initiated under the Notice of Arbitration may be required.
7The Tribunal’s Subdivision file will remain open until advised by the City that the remaining conditions have been fulfilled and the Tribunal’s file may be closed.
8This Member is not seized of these files.
9The Tribunal so Ordered.
“S. Tousaw”
S. TOUSAW
MEMBER
Ontario Land Tribunal
Website: www.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.