Ontario Land Tribunal
Tribunal ontarien de l’aménagement
du territoire
ISSUE DATE:
April 20, 2023
CASE NO(S).:
OLT-22-004542
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant:
2864335 Ontario Inc.
Respondent:
Hamilton Region Conservation Authority
Subject:
Refusal to grant permission for development of a medical centre
Property Address:
10 (6) Governor’s Road
Reference No.:
D/C/22/50
Municipality:
City of Hamilton (Dundas)
OLT Case No.:
OLT-22-004542
OLT Case Name:
2864335 Ontario Inc. v. Hamilton Region Conservation Authority
Heard:
March 13, 2023 by Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel*/Representative
2864335 Ontario Inc.
Rene Larson*
Raed Al-Rawi
Hamilton Region Conservation
Francesca D’Aguila-Kelly*
Authority
Michael Stone
Elizabeth Reimer
MEMORANDUM OF ORAL decision DELIVERED BY JENNIFER CAMPBELL AND S. DIXON ON MARCH 13, 2023 AND ORDER OF THE TRIBUNAL
1This Decision arises from a Case Management Conference (“CMC”) brought before the Ontario Land Tribunal regarding the appeal brought by 2864335 Ontario Inc. (the “Appellant”) regarding the refusal by the Hamilton Region Conservation Authority (the “Respondent”) to grant permission for development of a medical centre at 10(6) Governors Road in Hamilton, Ontario.
2At the CMC, there were no requests for Party or Participant status, and the Parties briefly discussed the identification of issues to be adjudicated at a hearing as well as opportunities for settlement discussions.
3No draft Procedural Order (“PO”) had been submitted to the Tribunal in advance of the CMC and the Parties had not prepared an Issues List. Counsel for the Appellant confirmed that he had received a draft PO from the Respondent but had not yet had time to review and discuss with counsel to the Respondent. He requested additional time for the Parties to work together to narrow and refine the issues. Counsel for the Respondent agreed with this request.
Scheduling of a further CMC
4The Tribunal directed that a further CMC by TCC will be held on Friday, May 12, 2023 commencing at 9 a.m. and that a draft PO and Issues List be filed with the Tribunal at least one day prior to the next CMC.
5The following is the dial-in details and instructions for the TCC:
Individual(s) are directed to call 416-212-8013 or Toll Free 1-866-633-1033. When prompted, enter the code 1846914# to be connected to the call.
6It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
7The Tribunal orders that a further CMC will be held by Telephone Conference Call on Friday, May 12, 2023, commencing at 9 a.m.
8The Tribunal directs that a draft Procedural Order and Issues List be filed by the Parties by Wednesday, May 10, 2023.
9There will be no further notice.
10The Panel is not seized.
“Jennifer Campbell”
JENNIFER campbell
MEMBER
“S. Dixon”
S. DIXON
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.