1583123 Ontario Inc. v. Hamilton (City), 2023 CanLII 48565

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 01, 2023

CASE NO(S).: OLT-22-004822 OLT-22-004724

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1583123 Ontario Inc. Subject: Official Plan Amendment Description: To permit development of six-storey residential apartment building containing 116 dwelling units Property Address: 3064, 3070, 3078 and 3084 Regional Road 56 Municipality/UT: Hamilton Municipal File No.: UHOPA-22-023 OLT Case No.: OLT-22-004822 OLT Lead Case No.: OLT-22-004822 OLT Case Name: 1583123 Ontario Inc. v. Hamilton (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1583123 Ontario Inc. Subject: Zoning Bylaw Amendment Description: To permit development of six-storey residential apartment building containing 116 dwelling units Property Address: 3064, 3070, 3078 and 3084 Regional Road 56 Municipality/UT: Hamilton Municipal File No.: ZAC-22-050 OLT Case No.: OLT-22-004823 OLT Lead Case No.: OLT-22-004822

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1583123 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a five-storey residential apartment building and sixth-storey amenity space Property Address: 3160, 3168, 3180 & 3190 Regional Road 56 Municipality/UT: Hamilton Reference Number: UHOPA-22-024 OLT Case No.: OLT-22-004724 OLT Lead Case No.: OLT-22-004724 OLT Case Name: 1583123 Ontario Inc. v. Hamilton (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: 1583123 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a five-storey residential apartment building and sixth-storey amenity space Property Address: 3160, 3168, 3180 & 3190 Regional Road 56 Municipality/UT: Hamilton Reference Number: ZAC-22-051 OLT Case No.: OLT-22-004725 OLT Lead Case No.: OLT-22-004724

Heard: April 14, 2023 by Video Hearing

APPEARANCES:

Parties	Counsel
1583123 Ontario Inc.	Nancy Smith Jennifer Meader (in absentia)
City of Hamilton	Rachel McVean

MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS Smith AND Carmine Tucci ON April 14, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is a Case Management Conference (“CMC”) with respect to two lead cases of appeals filed by 1583123 Ontario Inc. (“Appellant”) regarding the failure of the City of Hamilton (“City”) to make a decision within the timeframe prescribed in the Planning Act on applications for Official Plan Amendment (“OPA”) and applications to Amend the Zoning By-law (“ZBA”) relating to the properties municipally known as 3160, 3168, 3180 and 3190 Regional Road 56 (“Windwood 4” or “OLT-22-004724”) and 3064, 3070, 3078 and 3084 Regional Road 56 (“Windwood 3” or “OLT-22-004822”).

2The purpose of this CMC is to consider the request for the two matters to be heard together, to provide direction to finalize the draft Procedural Order (“PO”), the Issues List (“IL”), and to schedule the matter(s) for the hearing of the merits of the appeals.

3There were no issues with the service Notice for the CMC for Windwood 3 or Windwood 4 and as such, no further notice is requested. The Tribunal is in receipt of the Affidavits of Service of Victoria Peacock dated March 14, 2023, which were marked as Exhibit 1 (Windwood 4) and Exhibit 2 (Windwood 3).

4During the first CMC of Windwood 4, which took place on April 5, 2023, the Appellant requested that the second CMC be scheduled concurrently with this first CMC of Windwood 3, which would allow for the Tribunal to consider granting the request to have the two files heard together in accordance with Rule 16.3 of the Tribunal Rules of Practice and Procedures.

5The Appellant provided the chart below which outlines the similarities of the two developments:

Item	Windwood 3	Windwood 4
Address	3064, 3070, 3078, and 3084 Regional Road 56 (300 metres from Windwood 4)	3160, 3168, 3180 & 3190 Regional Road 56 (300 metres from Windwood 3)
Municipal File Nos.	UHOPA-22-023, ZAC-22-050, and FC-21-070	UHOPA-22-024, ZAC-22-051, and FC-21-071
OLT Case Nos.	OLT-22-004822	OLT-22-004724
Development Proposal	6-storey Condominium Building	5/6-storey Condominium Building
Growth Plan	Built Up Area (Small portion is Greenbelt Area)	Built Up Area
Official Plan Designation	Mixed Use – Medium Density (Small portion is Neighbourhoods)	Mixed Use – Medium Density
Secondary Plan Designation	Mixed Use – Medium Density – Pedestrian Predominant	Mixed Use – Medium Density – Pedestrian Predominant
Zoning	C5a Exception: 570	C5a Exception: 570

6The Appellant reiterated the reasons for the request as provided at the first CMC of Windwood 4 (OLT-22-004724), which are as follows:

1. both files have the same applicant, 1583123 Ontario Inc.;
2. the applications are similar in nature, both being midrise apartment buildings;
3. the policy regime applicable to each application is virtually identical;
4. the two properties are geographically proximate, being 300 metres apart on the same street;
5. both files will have the same expert witnesses, at least on behalf of the Applicant;
6. both files have the same initial approval authority, being the City of Hamilton;
7. the City does not oppose the request to have the matters heard together;
8. it will allow the matters to be heard more efficiently, cost-effectively, and expeditiously than if the matters were heard separately.

7For the reasons set out above, the Tribunal consents to having Windwood 3 and Windwood 4 heard together, pursuant to Rule 16.3 of the Tribunal Rules.

8The City stated that City Council would provide instructions by April 27, 2023 regarding the PO and IL. The Appellant indicated that they would work the with City to finalize the draft PO and IL on consent.

9The Tribunal was requested to seek a Hearing block for 12-15 consecutive days.

10The Hearing is scheduled to proceed by video on February 20, 2024 at 10 a.m. and continuing to March 8, 2024.

11Parties 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:

GoTo conference link: https://meet.goto.com/680885805

Access code: 680-885-805

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: 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: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 680-885-805.

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 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

15THE TRIBUNAL ORDERS that OLT-22-004724 and OLT-22-004822 shall be heard together.

16THE TRIBUNAL ORDERS that the Parties shall submit a draft Procedural Order and Issues List on consent for the Tribunal’s review and approval by Friday, June 30, 2023.

17The TRIBUNAL ORDERS a Hearing of the merits be scheduled for 14 days commencing on February 20, 2024 at 10:00 am by Video Hearing, as set out in paragraph 10 through 14 above.

18No further notice will be given.

19The Panel is not seized of this matter.

20The Panel may be spoken to, subject to the Tribunal’s calendar, should any issues arise.

“Kurtis Smith”

Kurtis Smith

Member

“Carmine Tucci”

CARMINE TUCCI

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.