Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 8, 2024

CASE NO.: OLT-24-000614

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, 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, 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)

BEFORE:

G. A. CROSER MEMBER

Thursday, the 7th day of November, 2024

THE TRIBUNAL ORDERS that further to the Decision issued on October 11, 2024, the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on June 9, 2025. The Tribunal has set aside 10 days for the hearing.

“Euken Lui”

EUKEN LUI ACTING REGISTRAR

Ontario Land Tribunal Website: 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.

Schedule A

Ontario Land Tribunal

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, 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, 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)

1. The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.

Organization of the Hearing

2. The video hearing will begin on June 9, 2025 at 10:00 am at https://global.gotomeeting.com/join/765631861 Access Code: 765-631-861 Audio-only line: (647) 497-9391 (Local) / 1-888-455-1389 (Toll Free)

3. The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before February 7, 2025 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before February 28, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before March 11, 2025.

11. An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.

12. Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.

13. On or before April 11, 2025, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before April 30, 2025, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before May 5, 2025, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before May 23, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 9, 2025 and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 30, 2025.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

20. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 30, 2025 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

22. All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

24. A summary of the various filing dates is contained in Attachment 4.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

PARTIES AND PARTICIPANTS

PARTIES

1. Losani Homes (Glen Echo) Ltd.

TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1

Jennifer Meader Tel: 905.529.3476 Email: jmeader@tmalaw.ca

Mark de Jong Tel: 905.529.3476 Email: mdejong@tmalaw.ca

2. The City of Hamilton

71 Main Street West Hamilton, ON L8P 4Y5

Patrick MacDonald Tel: 905.546.2424 Email: Patrick.macdonald@hamilton.ca

PARTICIPANTS

1. Bryan Leece

Tel: 905.317.4313 Email: bleece@cogeco.ca

2. John Withers

Tel: 905.578.4743 Email: withersjohnandjane@gmail.com

3. Penny Kozoriz

Tel: 289.396.1323 Email: pennyk@cogeco.ca

4. Sharon Estok

Tel: 905.973.5156 Email: restoks@sympatico.ca

ATTACHMENT 2

ISSUES LIST

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue not identified on the Issues List at the hearing without leave of the Tribunal.

1. Does the proposed development have appropriate regard for matters of provincial interest, as set out in Section 2 of the Planning Act, and subsections 2(e), (f), (g), (h), (i), (j), (p), (q), (r), and (s), in particular?

2. Is the proposed development consistent with the Provincial Planning Statement, 2024, including sections 2.1, 2.2, 2.3, 2.4, 2.9, 3.2, 3.3, 3.5, 3.6, and 3.9, in particular?

3. Does the proposal conform to the policies of the Urban Hamilton Official Plan, including but not limited to policies E.2.0, E.2.5, E.3.0, E.3.2.4, E.3.2.7, E.3.2.13, E.3.5, E.3.6 related to Urban Structure and the Neighbourhoods Designation?

4. Are the Medium Density Residential policies (E.3.5) or the High Density Residential policies (E.3.6) within the Neighbourhoods designation the appropriate evaluation policies to be used?

5. Does the proposal meet the residential intensification tests of the Urban Hamilton Official Plan, including policies B.2.4.1.4 and B.2.4.2.2?

6. Does the proposal conform to the urban design policies of the Urban Hamilton Official Plan, including but not limited to B.3.3.1.5, B.3.3.1.8, B.3.3.2.3 a), B.3.3.2.6 e), B.3.3.3.1, B.3.3.3.2, B.3.3.3.3 and B.3.3.3.5?

7. Does the proposal conform to policy C.2.11.1 of the Urban Hamilton Official Plan?

8. Does the proposal maintain or enhance the character of the area or neighbourhood?

9. Is the proposal compatible with the surrounding existing issues?

10. Is the proposed scale, density and height of the proposed development appropriate for this location?

11. Are the proposed site specific performance standards compatible and in keeping with the intent of the Zoning By-law?

12. Does the proposed development represent good planning and is it in the public interest?

Transportation Issues (City Issues Only)

13. Are there site plan design issues that could compromise overall site safety?

14. Is the development proposal consistent with the Provincial Policy Statement (2024) in terms of Policy 3.2 for Transportation Systems?

15. Is the development proposal consistent with the Provincial Policy Statement (2024) in terms of Policy 3.3 for Transportation Infrastructure and Corridors?

16. Does the proposal comply with the Urban Hamilton Official Plan to assess the impact of proposed developments on current travel patterns and/or future transportation requirements to ensure movement of people and goods, including but not limited to policies C.4.5.9 and C.4.5.12?

17. Does the proposal provide adequate parking and loading for the site in order to encourage transit use and active transportation as required by Urban Hamilton Official Plan Policy C.4.5.15?

Engineering Issues (City Issues Only)

18. Does the proposal demonstrate compliance with Policies C.5.0 and C.5.3 of the Urban Hamilton Official Plan in regards to Engineering Infrastructure?

19. Is a holding provision appropriate for the proposed development, and if so, what are the appropriate provisions to include?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Losani Homes (Glen Echo) Ltd.
2. The City of Hamilton
3. Losani Homes (Glen Echo) Ltd. in reply

ATTACHMENT 4

SUMMARY OF FILING DATES

EVENT	DATE
List of Witnesses	February 7, 2025
Expert Witness Meetings	February 28, 2025
Witness and Expert Witness Statements	April 11, 2025
Participant Statement	April 30, 2025
Reply Witness Statement	May 9, 2025
Confirm with Tribunal Reserved Hearing Dates	May 5, 2025
Agreed Statement of Facts & Remaining Issues	March 11, 2025
Visual Evidence	May 23, 2025
Joint Document Book	May 30, 2025
Hearing Plan	May 30, 2025
OLT Hearing Commences	June 9, 2025