# Ontario Land Tribunal
# Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** October 11, 2024
**CASE NO(S).:** OLT-24-000614
**PROCEEDING COMMENCED UNDER** subsection 22(7) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Applicant and Appellant:** Losani Homes (Glen Echo) Ltd.
**Subject:** Request to amend the Official Plan – Failure to adopt the requested amendment
**Description:** To permit the development of 264 residential units
**Reference Number:** UHOPA-24-001
**Property Address:** 140 Glen Echo Drive
**Municipality:** City of Hamilton
**OLT Case No.:** OLT-24-000614
**OLT Lead Case No.:** OLT-24-000614
**OLT Case Name:** Losani Homes (Glen Echo) Ltd. v. Hamilton (City)
**PROCEEDING COMMENCED UNDER** subsection 34(11) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P.13, as amended
**Applicant and Appellant:** Losani Homes (Glen Echo) Ltd.
**Subject:** Application to amend the Zoning By-law – Refusal or neglect to make a decision
**Description:** To permit the development of 264 residential units
**Reference Number:** ZAC-24-004
**Property Address:** 140 Glen Echo Drive
**Municipality:** City of Hamilton
**OLT Case No.:** OLT-24-000615
**OLT Lead Case No.:** OLT-24-000614
**OLT Case Name:** Losani Homes (Glen Echo) Ltd. v. Hamilton (City)
**Heard:** October 2, 2024 by Video Hearing
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## APPEARANCES:
**Parties**
**Counsel**
Losani Homes (Glen Echo) Ltd.
Mark de Jong
Jennifer Meader (in absentia)
City of Hamilton
Patrick MacDonald
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## MEMORANDUM OF ORAL DECISION DELIVERED BY G.A CROSER ON oCTOBER 02, 2024 AND ORDER OF THE TRIBUNAL
### INTRODUCTION
[1] The property known municipally as 140 Glen Echo Drive (“Subject Lands”) in the Corman neighbourhood of east Hamilton was formerly the site of the Glen Echo Elementary School. The school was declared surplus by the Hamilton-Wentworth District School Board and was eventually acquired by Losani Homes (Glen Echo) Ltd. (“Applicant”), in March 2023. The Applicant proposes to develop the Subject Lands with an eight-storey residential building and 72 stacked townhouse units. This project would require an Official Plan Amendment and a Zoning By-law Amendment; these applications were refused by the Planning Committee of the Council of the City of Hamilton (“City”). The Applicant appealed the refusals to the Tribunal, and this was the first Case Management Conference (“CMC”) with respect to the appeals.
### PROCEDURAL MATTERS
[2] The Tribunal reviewed the Affidavit of Service of Notice of CMC, affirmed by Victoria Peacock on August 23, 2024, and finds it correct. As such, no further notice is required. The Affidavit of Service of Notice of CMC, affirmed by Victoria Peacock is marked as Exhibit 1.
[3] The Tribunal was not provided a draft Procedural Order (“PO”) or Issues List (“IL”) in advance of the CMC, despite the request from the Case Coordinator that one be submitted to the Tribunal. Mr. Patrick MacDonald, on behalf of the City, explained that he had not yet received instructions from City Council with respect to the IL. Mr. MacDonald stated that a PO and IL would be prepared and provided to the Tribunal by no later than Monday, November 4, 2024.
[4] Despite the lack of a prepared IL, the Parties were confident that the Hearing on the Merits of this matter could be addressed in a 10-day Hearing, based on the issue areas. The Tribunal acknowledged that, as both Parties were represented by experienced counsel, it would schedule hearing dates, with the caveat that the PO and IL be submitted to the Tribunal by the date noted in paragraph [3] above. If the PO and IL are not received by Mr. MacDonald’s self-imposed deadline date, then the Hearing dates will be vacated, and the Parties should schedule another CMC to arrange the Hearing at a later date.
### PARTICIPANT STATUS REQUESTS
[5] The Tribunal received four requests for Participant status. Counsel had no objections, and the Tribunal having reviewed the Participant Statement Request forms, finds it appropriate to grant status to the following individuals:
- Sharon Estok;
- Penny Kozoriz;
- Bryan Leece; and
- John Withers.
### MEDIATION
[6] The Tribunal queried if the Parties had considered mediation as a tool for scoping the IL or as a means of resolving the appeals. Mr. Mark de Jong, on behalf of the Applicant, stated that his client would be open to mediation and that this was something that could be discussed “further down the road”. Mr. MacDonald had no specific instructions from City Council with respect to mediation but submitted that the City was generally open to mediation, provided that a Mediation Assessment was favourable.
[7] The Parties were informed that if Tribunal-led mediation can assist with this appeal, then the Parties can schedule this through the Case Coordinator.
### HEARING
[8] In order to provide sufficient time for meaningful dialogue between the Parties and possible mediation, the 10-day Hearing on the Merits of this matter is scheduled to commence at 10 a.m. by Video Hearing on Monday, June 9, 2025, and ending on Monday, June 23, 2025. The Tribunal will not be sitting on Monday, June 16, 2025.
[9] Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: [https://global.gotomeeting.com/join/765631861](https://global.gotomeeting.com/join/765631861)
Access code: 765-631-861
[10] Parties 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 [GoTo Meeting](../../../../../SILLSMA/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/2VP43CR5/GoTo%C2%A0Meeting) or a web application is available: [https://app.gotomeeting.com/home.html](https://app.gotomeeting.com/home.html)
[11] Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by
minicounsel