Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 6, 2023
CASE NO(S).: OLT-22-004385
PROCEEDING COMMENCED UNDER section 37(17) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Hamilton II GP Inc.
Subject: Community Benefits Charge By-law
Description: New City of Hamilton Community Benefits Charge By-law
Reference Number: CBC BL 22-158
Property Address: 41-46 Wilson Street and 97, 99 & 117 John Street North
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-22-004385
OLT Lead Case No: OLT-22-004385
OLT Case Name: Hamilton II GP Inc. v. Hamilton (City)
Heard: February 17, 2023, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Hamilton | M. Kovacevic |
| Hamilton II GP Inc. | D. Bronskill |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON FEBRUARY 17, 2023, AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) for the above noted matter. Hamilton II GP Inc. (“Appellant”) has filed an appeal against the decision of the City of Hamilton (“City”) to adopt the Community Benefits Charges By-law No. 22-158 (“the By-law”) pursuant to s. 37(17) of the Planning Act. The property is municipally known as 41-46 Wilson Street and 97, 99 and 117 John Street North in the City.
2The effect of the By-law is to define a Community Benefit Charge (“CBC”) that is payable for the capital costs of facilities, services and matters required for development and redevelopment of all lands in the geographic area of the City. The CBC legislative requirements are set out in the amended Section 37 provisions of the Planning Act. The City adopted the By-law on June 22, 2022.
3The Tribunal served notice on December 9, 2022. No further notice is required.
4There are no additional requests for Party or Participant status at this proceeding.
5Mr. Kovacevic, counsel for the City, provided background with respect to the By-law for the benefit of the Tribunal and Parties. There is only one appeal to the By-law which is related to a single development proposal and how the CBC applies to that project. The Appellant has also appealed a condition related to a Site Plan Control application for the same development proposal.
6Mr. Kovacevic noted that there are ongoing discussions with the Appellant in an effort to resolve both the appeals against the By-law and the Site Plan Control application
7Mr. Bronskill, counsel for the Appellant, was in agreement with the description of Mr. Kovacevic.
8Both Parties requested a further CMC be scheduled in October 2023. At that CMC the Tribunal will be advised with respect of the progress of discussions and determine next steps regarding this matter as required. The Tribunal agrees.
9The Parties are aware of the availability of Tribunal-led mediation. Parties are of the opinion is not required at this time but may be a possible path for this matter and understand they may request this mediation at their convenience.
CASE MANAGEMENT TECHNICAL DETAILS
10A CMC will convene on Thursday October 26, 2023, by video hearing at 10 a.m.
11Parties 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:
GoTo Meeting: https://meet.goto.com/348282861
Audio-Only Line: 1-888-299-1889 (Toll Free) OR +1 (647) 497-9373
Access code: 348-282-861
12Parties and Participants 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 at: https://app.gotomeeting.com/home.html
13Persons 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 mentioned above.
14Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
15THE TRIBUNAL ORDERS that, a Case Management Conference is scheduled to commence on Thursday October 26, 2023 at 10 a.m.
16No further notice will be given.
17The Member is not seized.
“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.