Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 18, 2023
CASE NO(S).: OLT-21-001799 (Formally) PL171450
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1826210 Ontario Inc.
Appellant: Centurion (Dundas) Holdings Ltd.
Appellant: Marz Homes Holdings Inc.
Appellant: Ministry of Municipal Affairs; and others
Subject: Proposed Official Plan Amendment No. 69
Municipality: City of Hamilton
OLT Case No.: OLT-21-001799
Legacy Case No.: PL171450
OLT Lead Case No.: OLT-21-001799
Legacy Lead Case No.: PL171450
OLT Case Name: Centurion (Dundas) Holdings Ltd. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1804487 Ontario Inc.
Appellant: 1826210 Ontario Inc.
Appellant: 2294643 Ontario Inc.
Appellant: 2531083 Ontario Inc.; and others
Subject: By-law No. 17-240
Municipality: City of Hamilton
OLT Case No.: OLT-21-001806
Legacy Case No.: PL171451
OLT Lead Case No.: OLT-21-001799
Legacy Lead Case No.: PL171450
Heard: July 4, 2023 by Video Conference
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| City of Hamilton | Patrick MacDonald |
| 64 Main Project LP and 1826210 Ontario Inc. | Jennifer Meader |
| Marz Homes Holdings Inc. | Ceili Boer |
| Rolanco Network Inc. | David Serwatuk* (in absentia) |
| Royal Connaught Inc. | Jim Mahler (in absentia) |
DECISION DELIVERED BY W. DANIEL BEST AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This further Case Management Conference (“CMC”) was held for the remaining appeals to the City of Hamilton (“City”) Official Plan Amendment No. 69 (“OPA”) and associated Zoning By-law Amendment No. 17-240 (“ZBA”). The OPA and ZBA are in force and effect pursuant to previous Decisions of the Tribunal, except as they relate to remaining site-specific appeals.
2The remaining Parties to the Appeals are the following:
- 64 Main Project LP (“64 Main”)
- 1826210 Ontario Inc. (“1826210”)
- Marz Homes Holdings Inc. (“Marz”)
- Rolanco Network Inc. (“Rolanco”)
- Royal Connaught Inc. (“Royal”)
3A six-day hearing has been set for the 1826210 Ontario Inc. Appeal commencing on Tuesday, October 10, 2023 by Video Conference.
4Patrick MacDonald, Counsel for the City advised of positive discussions between the Parties. He stated that the Parties continue to work through the process, addressing the remaining issues that appear to be technical in nature.
5Mr. MacDonald advised the 64 Main and Royal appeals may be withdrawn through ongoing discussions with the Parties. He stated the remaining Appeal may require adjudication.
6Jennifer Meader, Counsel for 64 Main and 1826210 supported Mr. MacDonald’s statements. Ceili Boer, Counsel for Marz supported Mr. MacDonald’s statements.
7Rolanco was not in attendance and Mr. MacDonald advised that he has received a communication from the Agent advising Rolanco was considering withdrawing its Appeal. Rolanco was advised to contact the Case Coordinator to provide a status update.
8Royal was not in attendance and Mr. MacDonald advised that productive communications with Royal have been ongoing.
9Given the productive ongoing discussions and with consent of the Parties present, the Tribunal directed that the Parties contact the Case Coordinator in the fall 2023 to provide an update and set a hearing by Teleconference Call (“TCC”) if required.
ORDER
10Accordingly, the Tribunal Orders:
a. The Parties are to contact the Case Coordinator no later than November 30, 2023 to provide an update and set a hearing date by Teleconference Call (“TCC”) if required.
11There will be no further notice.
12The Member is not seized and may be spoken to through the Tribunal’s Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
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.