Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 13, 2023
CASE NO(S).: OLT-23-000733 OLT-23-000734 OLT-23-000735
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rymal East Development Corp. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a residential development consisting of apartment buildings and stacked townhouses Reference Number: UHOPA-20-021 Property Address: 544-550 Rymal Road East Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-23-000733 OLT Lead Case No: OLT-23-000733 OLT Case Name: Rymal East Development Corp. v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rymal East Development Corp. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a residential development consisting of apartment buildings and stacked townhouses Reference Number: ZAC-20-037 Property Address: 544-550 Rymal Road East Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-23-000734 OLT Lead Case No: OLT-23-000733
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Rymal East Development Corp. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a residential development consisting of apartment buildings and stacked townhouses Reference Number: 25T-202006 Property Address: 544-550 Rymal Road East Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-23-000735 OLT Lead Case No: OLT-23-000733
Heard: October 4, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Rymal East Development Corp. | Scott Snider Anna Toumanians (in absentia) |
| City of Hamilton | Paula Boutis Peter Krysiak (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON OCTOBER 4, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to appeals under sections 22(7), 34(11), and 51(34) of the Planning Act by Rymal East Development Corp. (“Applicant”) resulting from the failure of the City of Hamilton (“City”) to make a decision within the statutory timeframe on applications for an Official Plan Amendment (“OPA”), a Zoning By-law Amendment (“ZBA”), and a Draft Plan Of Subdivision (“DPOS”).
2The purpose of the OPA, ZBA, and the DPOS is to allow for a residential development consisting of apartment buildings and stacked townhouses on lands municipally known as 544-550 Rymal Road in the City. Of note, in light of OPA 167 to the Urban Hamilton Official Plan, it is to be determined whether an OPA is still required.
3At the CMC, the Tribunal canvassed Counsel who confirmed that there was no issue with the service of the Notice of CMC. The Tribunal is in receipt of the Affidavit of Service, sworn by Natalie Deluca on September 19, 2023, which was marked as Exhibit 1, and confirms that Notice was adequately provided. As such, no further notice is required.
PARTY/PARTICIPANT STATUS REQUESTS
4The Tribunal did not receive any requests for Party or Participant status prior to the CMC, and no one attended the CMC seeking status.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
5The Parties did not provide a draft Procedural Order (“PO”) or Issues List (“IL”) prior to the CMC. As the Applicant’s Counsel explained, and the City’s Counsel agreed, this was a non-decision appeal, and the City had yet to formalize the issues that remained in dispute. However, the City has committed to finalizing those issues and engaging in discussions in pursuit of a possible settlement or significant scoping of issues. As such, both Parties requested that a second CMC be scheduled, by which time either there would be a settlement agreement among the Parties or the issues that remained in dispute would have become clear.
6The Tribunal agreed to this request and a second CMC was