Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 29, 2024
CASE NO(S).: OLT-22-002920 (Formerly PL140601)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 549367 Ontario Limited
Appellant: 783878 Ontario Limited
Appellant: 820 Barton St. Inc.
Appellant: Jim & Elsie Chappel; and others
Subject: Proposed Official Plan Amendment No. 17 UHOP
Legislative Authority: Subsection 17(24) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Municipality: City of Hamilton
OLT Case No.: OLT-22-002920
OLT File No.: OLT-22-002920
Legacy Case No.: PL140601
Legacy File No.: PL140601
OLT File No 549367 Ontario Limited v. Hamilton (City)
Heard: February 21, 2024 by Video Conference
APPEARANCES:
Parties
Counsel
City of Hamilton (“City”)
John Hart Andrew Biggart (in absentia)
Peter Djeneralovic
Anna Toumanians Jennifer Meader (in absentia)
DECISION DELIVERED BY T.F. NG ON FEBRUARY 21, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a Case Management Conference (“CMC”) of the above captioned matter with respect to the Appeal by the final remaining Appellant, Peter Djeneralovic. The other appeal by Losani Homes (Winona) Ltd. had been withdrawn.
2The Tribunal was advised by counsel that the City and the Appellant were still in protracted discussions which had yet to be resolved. The scheduled hearing dates of July 17, 2023 to July 21, 2023 were, upon the earlier request of counsel in writing, cancelled by the Tribunal.
3At the CMC, the Parties requested new hearing dates to be scheduled, which, according to the Parties, would allow them to update the Procedural Order while at the same time, the Parties could continue with discussions to find a resolution.
4The Tribunal thus directed that a revised updated Procedural Order and Issues List be provided by March 6, 2024 to the Case Coordinator.
PROCEDURAL ORDER
5The Procedural Order and Issues List will govern the hearing of this Appeal.
HEARING
6The five-day video hearing of the Appeal will commence at 10 a.m. on Wednesday, October 16, 2024, to Tuesday, October 22, 2024.
7The Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Conference Link: https://meet.goto.com/677087597
Audio-Only Line: 1-888-455-1389 (Toll Free) or +1 (647) 497-9391
Access code: 677-087-597
8All Parties, witnesses or observers 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
9Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line as mentioned above.
10Individuals 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 Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
11There will be no further notice and the Member is not seized.
12The Tribunal so orders.
“T.F. Ng”
T.F. NG
MEMBER
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.