Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: March 18, 2024

CASE NO(S).: OLT-23-001146

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Losani Homes (1998) Ltd.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To permit 986 residential units within four apartment buildings including two commercial buildings

Reference Number: ZAC-21-039/UHOPA-21-018

Property Address: 1400 South Service Road

Municipality/UT: Hamilton / Hamilton

OLT Case No.: OLT-23-001146

OLT Lead Case No.: OLT-23-001146

OLT Case Name: Losani Homes (1998) 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 (1998) Ltd.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit 986 residential units within four apartment buildings including two commercial buildings

Reference Number: ZAC-21-039/UHOPA-21-018

Property Address: 1400 South Service Road

Municipality/UT: Hamilton / Hamilton

OLT Case No.: OLT-23-001147

OLT Lead Case No.: OLT-23-001146

Heard: March 7, 2024, by Video Hearing ("VH")

APPEARANCES:

Parties

Counsel

Losani Homes (1998) Ltd. ("Appellant / Applicant")

Denise Baker

City of Hamilton ("City")

Patrick MacDonald

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON March 7, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference ("CMC") respecting an appeal by Losani Homes (1998) Ltd. The appeal arises following a non-decision concerning applications for an Official Plan Amendment and Zoning By-law Amendment to permit the development of two 16-storey residential apartments and two eight-storey residential apartments, comprised of 986 residential units, plus two commercial buildings.

Service of Notice of CMC

2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.

Requests for Status

3No one attended the CMC seeking either Party or Participant status.

MEDIATION AND SETTLEMENT

4Prior to the Hearing, the Tribunal was informed that the City is contemplating bringing a motion to dismiss the matter. As a result, until that possibility is determined, resolution efforts are on hold.

PROCEDURAL ORDER AND ISSUES LIST

5For the same reason that resolution efforts are on hold, efforts to produce a Procedural Order and Issues list are also on hold.

SECOND CMC

6Upon request of the Parties, the Tribunal orders a second CMC Hearing to commence on Friday, April 26, 2024 at 10 a.m. by VH. No further Notice is required. This CMC will either be used to determine a path for a Merit Hearing, or it will be used for the contemplated Motion to Dismiss. Usual notice for bringing said Motion is still required.

7Parties and Participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections.

GoToMeeting: https://global.gotomeeting.com/join/979388733

Access Code: 979-388-733

8Parties 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 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated 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 by video 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.

11The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

"K.R. Andrews"

K.R. ANDREWS

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.