Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 11, 2024
CASE NO(S).: OLT-23-000877, OLT-23-001217
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Delta Joint Ventures Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of 975 residential units Reference Number: UHOPA-23-006 Property Address: 1284 Main Street East Municipality/UT: Hamilton/Hamilton OLT Case No.: OLT-23-000877 OLT Lead Case No.: OLT-23-000877 OLT Case Name: Delta Joint Ventures 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: Delta Joint Ventures Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of 975 residential units Reference Number: ZAC-23-012 Property Address: 1284 Main Street East Municipality/UT: Hamilton/Hamilton OLT Case No.: OLT-23-000878 OLT Lead Case No.: OLT-23-000877
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Applicant and Appellant: Delta Joint Venture Inc. Subject: Refusal of Heritage Alteration Application Description: To permit an adaptive reuse of the former Delta Secondary School and redevelopment of the balance of the property for residential purposes Reference Number: HP2023-036 Property Address: 1284 Main Street East Municipality/UT: Hamilton/Hamilton OLT Case No.: OLT-23-001217 OLT Lead Case No.: OLT-23-001217 OLT Case Name: Delta Joint Venture Inc. v. Hamilton (City)
Heard: September 27, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Delta Joint Ventures Inc. | David Bronskill |
| City of Hamilton | Patrick MacDonald |
DECISION DELIVERED BY KURTIS SMITH AND ORDER OF THE TRIBUNAL
1A brief Case Management Conference ("CMC") was held to set deadlines and schedule a Settlement Hearing. The Parties were hopeful to have a full settlement package for the Tribunals consideration prior to this CMC. However, that was not achieved.
2The background to the appeals is set out in the Decision issued on January 26, 2024, by Vice Chair Vincent, and need not be repeated.
3Counsel for the Parties communicated to the Tribunal a settlement offer was presented and accepted by Council for the City of Hamilton, and the Parties are working towards ironing out the remaining details of the settlement.
4A Hearing to consider the merits of the settlement was therefore scheduled for Tuesday, October 22, 2024, at 10 a.m. by video hearing.
5Parties 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/927921077
Access code: 927-921-077
6Parties 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 or a web application is available: https://app.gotomeeting.com/home.html
7Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (toll free) 1-888-299-1889. The access code is: 927-921-077.
8Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal's Case Coordinator.
ORDER
9THE TRIBUNAL HEREBY ORDERS THAT Case No. OLT-23-000877 and OLT-23-001217 be consolidated.
10THE TRIBUNAL FURTHER ORDERS THAT the individuals previously granted Participant status shall file their statement on or before Wednesday, October 9, 2024.
11THE TRIBUNAL FURTHER ORDERS THAT the settlement materials be submitted to the Case Coordinator on or before Wednesday, October 16, 2024.
12THE TRIBUNAL FURTHER ORDERS THAT a one-day Settlement Hearing be held on Tuesday, October 22, 2024.
13The Member is not seized but may assist should any assistance be required in executing this Order.
"Kurtis Smith"
Kurtis Smith 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.