Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 05, 2024
CASE NO(S).: OLT-24-000127
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Hamilton Queen and Market Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a mixed-use development of two residential towers on top of a podium
Reference Number: UHOPA-22-005
Property Address: 200 Market Street, 125 Napier Street, and 55 Queen Street North
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-24-000127
OLT Lead Case No.: OLT-24-000127
OLT Case Name: Hamilton Queen and Market Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Hamilton Queen and Market Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed-use development of two residential towers on top of a podium
Reference Number: ZAC-22-012
Property Address: 200 Market Street, 125 Napier Street, and 55 Queen Street North
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-24-000128
OLT Lead Case No.: OLT-24-000127
Heard: May 17, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Hamilton Queen and Market Inc.
R. Kehar
(“Appellant”)
D. Baker (in absentia)
City of Hamilton
P. Krysiak
(“City”)
MEMORANDUM OF ORAL DECISION DELIVERED BY K. HEWITT and F. LAVOIE ON MaY 17, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from the first Case Management Conference (“CMC”) held regarding appeals filed by Hamilton Queen and Market Inc., pursuant to ss. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, in respect of the City of Hamilton’s refusal of the Appellant’s application for an Official Plan Amendment and Zoning By-law Amendment to permit the redevelopment of the property municipally known as 200 Market Street, 125 Napier Street and 55 Queen Street North (“Subject Property”).
PROCEDURAL MATTERS
2The Tribunal was in receipt of Affidavits of Service sworn by Marie Wakefield on April 19, 2024 and May 3, 2024, respectively, which were marked as Exhibit 1. The Appellant informed the Tribunal that, after they provided notice as detailed in the April 19, 2024 Affidavit of Service, they received an updated list of addresses from the City with 30 different addresses. The Appellant then provided notice to this updated list, as detailed in the May 3, 2024Affidavit of Service. As a result, for these 30 additional addresses, the notice provided was 19 days before the scheduled CMC, instead of the 25 days the Appellant had been directed to originally provide. The Tribunal is satisfied that these circumstances warrant the exercise of its discretion to reduce the time required to 19 days, pursuant to Rule 3.2 of the Ontario Land Tribunal Rules of Practice and Procedure.
3The Tribunal received Participant status requests from Wayne MacPhail and Elizabeth Reinhart. Having reviewed both requests and hearing no objections from the Parties, the Tribunal granted Participant status to Wayne MacPhail and Elizabeth Reinhart.
4The Parties advised the Tribunal that 10 days would be required for the Merit Hearing.
5The Tribunal directs the Parties to submit the draft Procedural Order and Issues List no later than Friday, May 31, 2024.
6The Tribunal scheduled a 10 day Merit Hearing by Video Hearing to be held from Monday, October 28, 2024 at 10 a.m., through Friday, November 8, 2024.
7Parties 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:
GoTo Meeting: https://meet.goto.com/996288525
Access Code: 996-288-525
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: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is the same as the access code noted 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 Video 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.
ORDER
11THE TRIBUNAL ORDERS the following:
a. Wayne MacPhail and Elizabeth Reinhart are granted Participant status in these proceedings; and
b. The directions in this Decision.
12This Panel is not seized, but will remain available for case management, subject to the Tribunal’s calendar.
“K. Hewitt”
K. Hewitt
MEMBER
“F. Lavoie”
F. LAVOIE
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.