Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 27, 2023
CASE NO(S).: OLT-21-001567 OLT-21-001788
PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant: ONE Properties Limited Partnership Respondent: Hamilton Conservation Authority Subject: Appeal of refusal to grant permission for development Property Address: 140 Garner Road East Municipality: City of Hamilton OLT Case No.: OLT 21-001567 OLT Case Name: ONE Properties Limited Partnership v. Hamilton Conservation Authority
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: ONE Properties Limited Partnership Subject: Proposed Plan of Subdivision - Failure of the City of Hamilton to make a decision Purpose: To develop a prestige business park Property Address/Description: 140 Garner Road East Municipality: City of Hamilton Municipal File No.: 25T-201806 OLT Lead Case No.: OLT-21-001788 OLT Case No.: OLT-21-001788 OLT Case Name: ONE Properties Limited Partnership v. Hamilton (City)
Heard: December 15, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| ONE Properties Limited Partnership | Patrick Harrington and Meaghan Barrett |
| Hamilton Conservation Authority | John Olah |
| Environmental Defence | Philip Pothen |
| City of Hamilton | Patrick MacDonald |
DECISION DELIVERED BY A. SAUVE AND HUGH S. WILKINS ON DECEMBER 15, 2023 AND ORDER OF THE TRIBUNAL
BACKGROUND
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal (the “Tribunal”) regarding two appeals by ONE Properties Limited Partnership (the “Appellant”). The first is a draft Plan of Subdivision appeal (the “Subdivision Appeal”) and the second is an appeal under the Conservation Authorities Act (“CAA Appeal”). Both proceedings concern the proposed development of a business park on a 35.27 hectare property located at 140 Garner Road East (the “Site”), in the City of Hamilton (the “City”).
2The Appellant is the proponent of a draft Plan of Subdivision application for the proposed development of the Site. The proposed development would include 14 development blocks, a storm water management block, a wetland open space block and four roadways.
3The proposed development which is the subject of the Subdivision Appeal involves the relocation of a local wetland on the Site. On June 3, 2021, the Hamilton Conservation Authority (the “HCA”) refused an application for permission to relocate the wetland. On June 18, 2021, the Appellant filed an appeal with the Tribunal under s. 28(15) of the Conservation Authorities Act, in respect of the HCA’s refusal to approve such application (OLT Case No. 21-001567).
4A CMC was held for the CAA Appeal proceeding on February 8, 2022, at which the Tribunal granted Party status to Environmental Defence and Participant status to several individuals.
5A further CMC was held on May 9, 2022, for both proceedings at which the Tribunal addressed requests for Party and Participant status, a request from the Appellant that the Subdivision and CAA Appeal proceedings be consolidated and heard in one single phase, opportunities for settlement discussions, and the scheduling of the hearing. The Tribunal granted Party Status to the City of Hamilton on consent, granted Participant Status to several individuals, and ordered that the two appeals be heard together in one phase.
6Another CMC was held on October 26, 2022 at which the Parties finalized a draft Procedural Order and hearing dates were set for October 2023.
7A 15-day Hearing was set to commence on October 2, 2023, however the Parties asked for an adjournment on consent, for the Appellant to commission a consultant to draft a report regarding the hydrological features of the wetland. The Tribunal granted that adjournment and scheduled this CMC.
NEXT STEPS
8This CMC was to provide an update regarding the report and to re-schedule the hearing.
9The Tribunal was informed by the Appellant that the report should be completed by July of 2024. There was agreement between the Parties that a further CMC would be needed prior to the Hearing in order to possibly update and revise the draft Procedural Order based on the outcome of the Appellant’s report.
10The Tribunal agreed to schedule a further CMC for Tuesday September 10, 2024, and requested that any proposed revisions to the draft Procedural Order are to be filed with the Tribunal’s Case Coordinator by Thursday September 5, 2024. The Tribunal also agreed to schedule a 15-day hearing of the appeals commencing on Monday, February 24, 2025.
OPPORTUNITIES FOR MEDIATION
11The Parties were reminded of the availability of Tribunal led Mediation and were encouraged to continue settlement discussions if possible.
INFORMATION FOR FURTHER CMC AND HEARING OF APPEALS
Next Case Management Conference
Tuesday September 10, 2024, at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only telephone line: (toll free) 1-888-299-1889 or +1 (647) 497-9373 Audio-only access code: 687-587-165
15-Day Hearing of the Appeals
Monday, February 24, 2025, at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/927921077 Access code: 927-921-077 Audio-only line: (toll free) 1-888-299-1889 or +1 (647) 497-9391 Audio-only access code: 927-921-077
12Parties and Participants 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:
13Parties and Participants are asked to set up the video hearing 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
14Persons 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.
15Individuals 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 Hearing Office’s Case Coordinator having carriage of this case.
ORDER
16The Tribunal Orders that:
a) a further CMC will be held on Tuesday September 10, 2024, commencing at 10 a.m.; and
b) the hearing of the appeals will commence on Monday February 24, 2025, at 10 a.m. Fifteen consecutive days have been set aside.
17There will be no further notice.
18These Members are not seized.
“A. Sauve”
A. SAUVE MEMBER
“Hugh S. Wilkins”
HUGH S. WILKINS VICE-CHAIR
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.