Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 12, 2025
CASE NO(S).: OLT-24-001189
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
RCG Upper James Hamilton Inc. and Pure Upper James Street Holdings ULC
Subject:
Failure of Approval Authority to announce a decision respecting a Proposed Official Plan Amendment
Description:
To permit the development of two industrial buildings, parking, and loading bays.
Reference Number:
UHOPA-22-014
Property Address:
2876 Upper James Street
Municipality/UT:
Hamilton
OLT Case No:
OLT-24-001189
OLT Lead Case No:
OLT-24-001189
OLT Case Name:
RCG Upper James Hamilton Inc. et al. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
RCG Upper James Hamilton Inc. and Pure Upper James Street Holdings ULC
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of two industrial buildings, parking, and loading bays.
Reference Number:
ZAC-22-027
Property Address:
2876 Upper James Street
Municipality/UT:
Hamilton/Hamilton
OLT Case No:
OLT-24-001190
OLT Lead Case No:
OLT-24-001189
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant
RCG Upper James Hamilton Inc. and Pure Upper James Street Holdings ULC
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the development of two industrial buildings, parking, and loading bays.
Reference Number:
25T-202205
Property Address:
2876 Upper James Street
Municipality/UT:
Hamilton/Hamilton
OLT Case No:
OLT-24-001191
OLT Lead Case No:
OLT-24-001189
Heard:
October 29, 2025, by video hearing
APPEARANCES:
Parties
Counsel
RCG Upper James Hamilton Inc. & Pure Upper James Street Holdings ULC
Ira Kagan
Sarah Kagan
City of Hamilton
Rachel McVean
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN AND G. DRIEDGER ON OCTOBER 29, 2025 AND ORDER OF THE TRIBUNAL
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a decision or order, the Decision and Order issued on November 14, 2025, is hereby amended to change reference number in the Title of Proceedings for OLT Case No. OLT-24-001191 from 25T-202204 to 25T-202205.
2In all other respects, the Tribunal’s Decision and Order remains the same.
“D. Chipman”
D. CHIPMAN
MEMBER
“G. Driedger”
G. DRIEDGER
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.