Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 02, 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: April 26, 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 April 26, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second 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.
City’s still unresolved decision to bring motion to dismiss
2At the last CMC, the City indicated that it was contemplating bringing a motion to dismiss the matter. This did not happen. While the City confirms that it may still bring such a motion, the City remains undecided and so the Tribunal elects to move the matter forward to a Merit Hearing. To be clear, the scheduling of a Merit Hearing does not preclude the City from bringing its motion.
PROCEDURAL ORDER AND ISSUES LIST
3At the last CMC, the Tribunal accepted that a draft Procedural Order should wait until after the City potentially brought its motion to dismiss. Since this did not happen, the Tribunal now orders the draft Procedural Order, including the Issues List, to be filed with the Tribunal for consideration within 30 days of the hearing of the present CMC.
HEARING
4Upon request of the Parties, the Tribunal orders a 14-day Merit Hearing to commence on Tuesday, April 22, 2025, at 10 a.m. and continuing until Friday, May 9, 2025, by VH. No further notice is required.
5Parties 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://meet.goto.com/558205565
Access Code: 558-205-565
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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons 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.
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 VH 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.
9The 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.