ISSUE DATE:
March 6, 2025
CASE NO.:
OLT-24-000904
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant:
B.U. Inc
Subject:
Minor Variance
Reference Number:
HM/A-24:42
Property Address:
9 Westbourne Rd
Municipality/UT:
Hamilton/Hamilton
OLT Case No:
OLT-24-000904
OLT Case Name:
B.U. Inc v. Hamilton (City)
BEFORE:
SHARYN VINCENT
Thursday, the 6th
VICE-CHAIR
Day of March, 2025
THIS IS A MATTER of the appeal filed by B.U. Inc (“Appellant”) from a decision of the City of Hamilton’s (“City”) Committee of Adjustment denying a minor variance application (“Application”) seeking to increase the gross floor area of a lawfully existing detached secondary dwelling unit on the Appellant’s property municipally known as 9 Westbourne Road in the City of Hamilton;
AND WHEREAS, on November 21, 2024, the Tribunal issued its Decision dismissing the minor variance appeal brought by B.U. Inc., thereby upholding the Committee of Adjustment’s decision to reject the Application;
2 OLT-24-000904
AND WHEREAS the Appellant filed a request for review (“Request”), pursuant to s. 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure (“Rules”), that seeks to review and reconsider the Decision;
AND WHEREAS THE CHAIR, after having reviewed the Request, determined that the Request meets the threshold established under Rule 25.7 to warrant a review to set aside the Decision for the reasons set out in his letter of disposition dated March 6, 2025;
ACCORDINGLY, THE TRIBUNAL HEREBY ORDERS that:
The Decision, issued on November 21, 2024, is hereby set aside and rescinded.
The appeal will be re-heard orally by a differently constituted panel of the Tribunal in accordance with the Chair’s letter of disposition.
All of which are ordered pursuant to the Chair’s authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25, which he has delegated to me as a Vice-Chair of the Tribunal.
“Euken Lui”
EUKEN LUI 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.