Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 18, 2023
CASE NO(S).: OLT-22-002312
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Zest Communities Inc.
Subject: Consent - refused by Approval Authority
Description: To permit the conveyance of a parcel of land for future development and to retain a parcel of lands for existing residential community
Reference Number: HM/B-18:47
Property Address: 393 Rymal Road W
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-002312
OLT Case Name: Zest Communities Inc. v. Hamilton (City)
Heard: December 11, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Zest Communities Inc. (“Applicant”) | Rodney Gill |
| City of Hamilton (“City”) | Patrick MacDonald |
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON DECEMBER 11, 2023 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1On September 21, 2023, the Tribunal had issued a Decision granting provisional consent following an appeal by the Applicant pursuant to s. 53(19) of the Planning Act, R.S.O. 1990, c. P.13. The Decision followed a settlement between the Applicant and the City.
2Provisional consent was given subject to conditions set out in Attachment 1 to the Tribunal’s Order. The Order also stipulated that the Tribunal could be spoken to if any issues arose with respect to the implementation of the Order.
3On November 20, 2023, the Parties requested to be heard by the Tribunal with respect to Condition No. 5, and a Case Management Conference (“CMC”) was scheduled for Monday, December 11, 2023.
ADJOURNMENT
4At the CMC, the Parties indicated that they had made substantial progress resolving the issue and requested an adjournment. They were very hopeful that a solution could be found without the assistance of the Tribunal before the end of the calendar year. If, as expected, an agreement could be reached, the Parties would withdraw their request for Tribunal assistance.
5If an agreement could not be reached, the Tribunal directed that the CMC be adjourned to Wednesday, January 10, 2024, at 10 a.m., by Video Hearing.
6Parties 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:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
7Parties 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.
8Persons 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
9Individuals 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 Video Hearing 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
10THE TRIBUNAL ORDERS its direction as set out above.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.