Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 29, 2025
CASE NO.: OLT-25-000433, OLT-25-000459
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Upper West Side Landowners Group Inc. and the registered owners of land within that group
Subject: Appeal of Official Plan Amendment 232 to Urban Hamilton Official Plan (By-law 25-072)
Description: Framework for Processing and Evaluating Urban Boundary Expansion Applications
Reference Number: CI-24-M
Property Address: City Wide
Municipality/UT: Hamilton
OLT Case No.: OLT-25-000433
OLT Lead Case No.: OLT-25-000433
OLT Case Name: Upper West Side Landowners Group Inc. v Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Upper West Side Landowners Group Inc. and the registered owners of land within that group
Subject: Appeal of Official Plan Amendment 44 to Rural Hamilton Official Plan (By-law 25-073)
Description: Framework for Processing and Evaluating Urban Boundary Expansion Applications
Reference Number: CI-24-M
Property Address: City Wide
Municipality/UT: Hamilton
OLT Case No.: OLT-25-000459
OLT Lead Case No.: OLT-25-000433
BEFORE:
VICE-CHAIR WILLIAM R. MIDDLETON
Monday, the 29th day of September, 2025
THE TRIBUNAL having received the motion record dated July 25, 2025 (“Motion”) filed by Upper West Side Landowners Group Inc. and the registered owners of land within that group (“Appellants”), seeking:
(a) a determination by the Tribunal that the Appellants' Notice of Appeal to the Ontario Land Tribunal pursuant to subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, regarding Official Plan Amendment No. 232 to the Urban Hamilton Official Plan (By-Law 35-072), dated May 16, 2025 (“Appeal 1”) represents a valid appeal; and
(b) a determination by the Tribunal that the Appellants' Notice of Appeal to the Ontario Land Tribunal pursuant to subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, regarding Official Plan Amendment No. 44 to the Rural Hamilton Official Plan (By-Law 25-074), dated May 16, 2025 (“Appeal 2) represents a valid appeal.
((a) and (b) collectively, “Orders Sought”)
AND THE TRIBUNAL having reviewed and considered the materials filed on the Motion, including the uncontested affidavit of John Corbett, a registered professional planner, and exhibits thereto, affirmed July 25, 2025;
AND THE TRIBUNAL having been advised that the City of Hamilton takes no position on the Motion, and further that no other party to this proceeding opposes the Orders Sought;
AND THE TRIBUNAL having considered the provisions of subsection 17(24)(1.2), subsection 17(2) and 17(25.1) of the Planning Act, R.S.O. 1990, c. P.13, as amended, and having further considered Rules 5, 7, 10, 20 and 23 of the Tribunal’s Rules of Practice and Procedure;
THE TRIBUNAL ORDERS THAT the Motion is granted and that Appeal 1 and Appeal 2 as described above and as filed by the Appellants are valid appeals concerning which the Tribunal has jurisdiction to consider and adjudicate upon in this proceeding.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
REGISTRAR
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.