Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2024
CASE NO(S).: OLT-21-001169
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Valery (Chedoke Browlands) Developments Inc.
Subject: Request to amend the Official Plan - Failure of City of Hamilton to adopt the requested amendment
Existing Designation: Neighbourhoods and Open Space
Proposed Designated: Neighbourhoods and Open Space
Purpose: To permit the development of 630 residential units while retaining the Long and Bisby Building
Property Address/Description: 801, 820, 828, 855, 865, and 870 Scenic Drive
Municipality: City of Hamilton
Municipality File No.: UHOPA-20-026
OLT Case No.: OLT-21-001169
OLT File No.: OLT-21-001169
OLT Case Name: Valery (Chedoke Browlands) Developments Inc. 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: Valery (Chedoke Browlands) Developments Inc.
Subject: Application to amend Zoning By-law No. 6593 - Refusal or neglect of City of Hamilton to make a decision
Existing Zoning: Low Density Multiple Dwellings
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of 630 residential units while retaining the Long and Bisby Building
Property Address/Description: 801, 820, 828, 855, 865, and 870 Scenic Drive
Municipality: City of Hamilton
Municipality File No.: ZAC-20-041
OLT Case No.: OLT-21-001169
OLT File No.: OLT-21-001170
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Valery (Chedoke Browlands) Developments Inc.
Subject: Proposed Plan of Subdivision – Failure of City of Hamilton to make a decision
Purpose: To permit the development of 630 residential units while retaining the Long and Bisby Building
Property Address/Description: 801, 820, 828, 855, 865, and 870 Scenic Drive
Municipality: City of Hamilton
Municipality File No.: 25T-202008
OLT Case No.: OLT-21-001169
OLT File No.: OLT-21-001171
Heard: April 23, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Valery (Chedoke Browlands) Developments Inc.
R. Cheeseman S. Fleming
City of Hamilton
P. Krysiak
Niagara Escarpment Commission
A. Landre
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON APRIL 23, 2024 AND ORDER OF THE TRIBUNAL
1This was the fifth Case Management Conference (“CMC”) in the matter of an appeal by Valery (Chedoke Browlands) Developments Inc. (“Appellant”) arising from a non-decision concerning an Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications to permit the development of 630 residential units and the adaptative reuse of the Long and Bisby building for commercial uses at 801, 820, 828, 855, 865, and 870 Scenic Drive, in the City of Hamilton (“City”).
2In February 2024, the Tribunal granted the conversion of a 10-day Merit Hearing to a settlement hearing that was to take place in March 2024. The March settlement hearing then had to be delayed due to the cyber security attack in Hamilton and was rescheduled to Tuesday, April 23, 2024.
3Prior to the April 23, 2024 Hearing, the Parties on consent have requested the conversion of the settlement hearing to a CMC.
4At the CMC, Parties provided the Tribunal with an update and explained that due to the change in settlement, they require a few more days for a document review. Parties requested a half-day settlement hearing to take place in May of 2024.
5A half-day settlement hearing is scheduled to commence by Video Hearing on Monday, May 27, 2024 at 10 a.m.
6Parties and Participants 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:
GoToMeeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
7Parties 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 Go