Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 19, 2024

CASE NO(S).: OLT-21-001567 OLT-21-001788

PROCEEDING COMMENCED UNDER section 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended

Appellant: ONE Properties Limited Partnership (now Ontari Holdings Ltd.) Respondent: Hamilton Conservation Authority Subject: Appeal of refusal to grant permission for development Property Address/Description: 140 Garner Road East Municipality: City of Hamilton OLT Case No.: OLT 21-001567 OLT Case Name: Ontari Holdings Ltd. v. Hamilton Conservation Authority

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant and Appellant: ONE Properties Limited Partnership (now Ontari Holdings Ltd.) Subject: Proposed Plan of Subdivision - Failure of the City of Hamilton to make a decision Purpose: To develop a prestige business park Property Address/Description: 140 Garner Road East Municipality: City of Hamilton Municipal File No.: 25T-201806 OLT Case No.: OLT-21-001788 OLT Lead Case No.: OLT-21-001788 OLT Case Name: Ontari Holdings Ltd. v. Hamilton (City)

Heard: October 30 and November 8, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Ontari Holdings Ltd.	Patrick Harrington
Hamilton Conservation Authority	John A. Olah and Brandon Orct
City of Hamilton	Patrick MacDonald
Environmental Defence	Philip Pothen

MEMORANDUM OF ORAL DECISION DELIVERED BY DEBRA ARNOLD ON NOVEMBER 8, 2024 AND ORDER OF THE TRIBUNAL

BACKGROUND

1This Case Management Conference (“CMC”) was held in furtherance of preparation for a Hearing on the merits of two appeals (the “Appeals”) brought by ONE Properties Limited Partnership (“Appellant”). The first is a draft Plan of Subdivision appeal (the “Subdivision Appeal”) and the second is an appeal under the Conservation Authorities Act (“CAA Appeal”). Both proceedings concern the proposed development of a business park on a 35.27-hectare property located at 140 Garner Road East (the “Site”), in the City of Hamilton (the “City”) and at the May 9, 2022 CMC the Tribunal ordered that both Appeals would be heard together in one phase.

2At a CMC held on December 27, 2023 the Tribunal ordered a 15-day hearing on the merits of the Appeals to commence on Monday February 24, 2025.

3At the outset of this latest CMC, the Appellant advised the Tribunal that the Appellant’s name in these proceedings should be the owner of the Site, Ontari Holdings Ltd., and the title of these proceedings will be amended accordingly.

WITHDRAWAL OF THE CAA APPEAL

4The Appellant advised the Tribunal (and the Parties) by email, dated October 28, 2024, that it intended to withdraw the CAA Appeal. The Appellant advised of its intention to bring a new application under the Conservation Authorities Act, in accordance with that Act as amended earlier this year. At the commencement of the CMC on October 30, 2024, counsel for the Hamilton Conservation Authority ( “HCA”), citing the short timeframe of this notification from the Appellant, requested a short adjournment of this CMC in order to confer with their client, and the Tribunal granted this adjournment, to November 8, 2024.

5The Tribunal, with a copy to the Parties, received a letter dated October 30, 2024 from counsel for the Appellant stating that it withdraws the CAA Appeal.

6The Tribunal, with a copy to the Parties, received a letter dated November 7, 2024 from counsel for the HCA stating that the HCA takes no position on the Appellant’s withdrawal of the CAA Appeal.

7In view of the foregoing, the CAA Appeal is no longer before the Tribunal. With respect to the Subdivision Appeal, the parties to that Appeal are the Appellant and the City. The HCA and Environmental Defence were parties to the CAA Appeal only and, as noted, the CAA Appeal is no longer before the Tribunal.

8The persons who had been given Participant status with respect to both the CAA Appeal and the Subdivision Appeal will continue to have such status with respect to the Subdivision Appeal only. The Tribunal considered the requests of three (3) persons for Participant status in the subject proceedings at this CMC and, on no objection of the Appellant and the City, Daniel Coleman, Mary Love, and Peter Appleton were granted Participant status with respect to the Subdivision Appeal. A person who was granted Participant status at a previous CMC, Craig Cassar, requested removal from the list of Participants in these proceedings by email sent to the Tribunal dated July 15, 2023 and, on no objection of the Parties, is accordingly so removed.

HEARING DATES AND NEXT STEPS

9The Appellant requested that the hearing dates set for the hearing on the merits of the Subdivision Appeal (the remaining Appeal) scheduled to commence on February 24, 2025 (the “February/March 2025 Hearing Dates”) be released in order to await the outcome of the Appellant’s fresh application under the Conservation Authorities Act in relation to the Site (the “New CAA Application”). Further, the Appellant requested that the Tribunal schedule a further CMC in March, 2025 at which time the status of the New CAA Application and the Subdivision Appeal may be considered and next steps determined.

10Given the close contextual relationship of the Subdivision Appeal and the outcome of the New CAA Application (including any potential appeal of a decision with respect to same to the Tribunal) and on no concerns raised by the other Parties regarding the request of the Appellant, the Tribunal ordered that the February/March 2025 Hearing Dates be released and that a further CMC be scheduled to take place on Friday, March 14, 2025 at 10 a.m. by video hearing, with the particulars as noted below.

11Parties and/or Participants and/or Observers 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/656004293

Access code: 656-004-293

12Parties and/or 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

13Persons 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) 497-9373 or Toll-Free: 1-888-299-1889. The access code is: 656-004-293.

14Individuals 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.

OPPORTUNITIES FOR SETTLEMENT DISCUSSIONS

15The Parties are encouraged to engage in settlement discussions and/or mediation in an effort to narrow or resolve the issues in relation to the Subdivision Appeal (including as may be impacted by the New CAA Application).

ORDER

16The Tribunal orders as follows:

(a) the name of the Appellant is revised to reflect the owner of the Site, being Ontari Holdings Ltd.;

(b) Daniel Coleman, Mary Love, and Peter Appleton are granted Participant Status with respect to the Subdivision Appeal and Craig Cassar is removed as a Participant as so requested by Craig Cassar;

(c) the 15 Hearing dates commencing February 24, 2025 in respect of the Appeals (now solely the Subdivision Appeal before the Tribunal as the CAA Appeal was withdrawn by the Appellant) are released; and

(d) a further CMC is scheduled to take place on Friday, March 14, 2025 at 10 a.m. by video hearing.

17The Member is not seized in this matter but will remain available for continued case management in these proceedings to the extent that the Tribunal calendar permits.

18There will be no further notice.

DEBRA ARNOLD 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.