Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 10, 2023
CASE NO(S).: OLT-23-000811
PROCEEDING COMMENCED UNDER subsection 42(10) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 488-500 Upper Wellington Nominee Inc.
Subject: Cash-in-Lieu
Description: Protest of Fee of Parkland Contribution Cash-in-Lieu
Property Address: 488-500 Upper Wellington Street
Municipality/UT: City of Hamilton
OLT Case No.: OLT-23-000811
OLT Lead Case No.: OLT-23-000811
OLT Case Name: 488-500 Upper Wellington Nominee Inc. v Hamilton (City)
Heard: November 8, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 488-500 Upper Wellington Nominee Inc. | J. Park |
| City of Hamilton | P. Boutis |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON NOVEMBER 8, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) in respect of the Appeal by 488-500 Upper Wellington Nominee Inc. (“Appellant”). The Appellant has filed an Appeal pursuant to s. 42(10) of the Planning Act against the City of Hamilton (“City”) with respect to the determination of the value of land required as payment of parkland to the City as cash-in-lieu. The property is municipally known as 500 Upper Wellington Street in the City.
2The Tribunal served Notice on Friday, September 29, 2023. No further notice is required.
3There are no additional requests for Party or Participant status at this proceeding.
BACKGROUND
4Both Mr. Jason Park, Counsel for the Appellant and Ms. Paula Boutis, Counsel for the City, provided background with respect to the Appeal for the benefit of the Tribunal. The Appellant has obtained the necessary planning approvals for the construction of a six-storey mixed-use development with a total gross floor area of 222,201 square feet, which includes 6,489 square feet of retail space. There are 261 residential units proposed to be part of this development.
5A draft Procedural Order (“PO”) is submitted to the Tribunal but there remain substantive issues with respect to the content of the PO and the management of a Merits Hearing. Questions related to the appropriate applicable law for the determination of what constitutes a building permit, the applicable law relating to the determination of parkland dedication or cash-in-lieu and the appropriateness of expert witnesses to be called within the context of this Appeal.
6Both Counsel engaged in fulsome discussions with respect to the outstanding PO questions. During the course of this discussion, agreement was arrived at on how best to handle this matter through the construct of an appropriate PO, which in turn can adequately govern the proceedings of a Merits Hearing.
7Having come to this consensus, Ms. Boutis is prepared to take carriage of the preparation of a draft PO for the consideration of the Tribunal.
8The Parties requested that the Tribunal schedule a two-day Merits Hearing to adjudicate this Appeal. Understanding that some additional effort is required in preparing a PO for the consideration and approval of the Tribunal, both Parties consented to a second CMC, to be convened in relatively short order. At that second CMC, a final draft PO will be available for the consideration and approval of the Tribunal, and the scheduling of a Merits Hearing could take place at that time.
9The Parties are aware of the availability of Tribunal-led mediation and understand they may request this mediation at their convenience.
TRIBUNAL FINDINGS
10The Tribunal is prepared to schedule a second one-day CMC with respect of this matter.
11Ms. Boutis will finalize and submit the PO to the Tribunal no later than 4.30 p.m. on Thursday, November 30, 2023. Should the PO not be submitted in that time frame, this Tribunal may schedule a Telephone Conference Call to determine its status.
12The Tribunal is not inclined to schedule a Merits Hearing at this CMC.
CMC TECHNICAL DETAILS
13A second one-day CMC will convene on at 10 a.m. on Monday, December 4, 2023, by Video Hearing.
14Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
15Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
16Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or (Toll-Free) 1-888-299-1889. The access code is the same as the access code noted above.
17Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
18A second Case Management Conference is scheduled to commence on Monday, December 4, 2023, at 10 a.m.
19The Tribunal Member is not seized.
20There will be no further notice.
“Bryan W. Tuckey”
BRYAN W. TUCKEY MEMBER
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.