Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 17, 2025
CASE NO(S).: OLT-24-001165
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: First Gulf Corporation
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To propose and develop a multiblock industrial subdivision comprised of industrial buildings and other additions.
Reference Number: 25T-2021002
Property Address: 370, 378, 412 and 436 Garner Road E
Municipality/UT: Hamilton/Hamilton
OLT Case No: OLT-24-001165
OLT Lead Case No: OLT-24-001165
OLT Case Name: First Gulf Corporation v. Hamilton (City)
Heard: March 18, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| First Gulf Corporation | Marc Kemerer Kailey Sutton Patrick Pinho |
| City of Hamilton | Patrick MacDonald Rachel McVean (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON MARCH 18, 2025 AND ORDER OF THE TRIBUNAL
BACKGROUND
1This matter concerns an appeal by First Gulf Corporation (“Applicant”) pursuant to s.51 (34) of the Planning Act regarding the City of Hamilton’s (“City”) failure to make a decision within the statuary time frame under the Act, in which the Applicant sought approval for a proposed draft plan of subdivision, on lands known municipally as 370, 378, 412, and 436 Garner Road (“Subject Property”). The proposed development consists of a multiblock industrial subdivision, comprised of industrial buildings, retention of the existing woodlot, including a 15-metre buffer, a sanitary easement block, a stormwater management pond, and two new streets with a 30-metre right-of-way.
Service of Notice of CMC
1There is no issue with service of the Notice of this CMC; as such, no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
2The Tribunal received five requests for Participant status from William Liske, Nancy Hurst, Nicole Doro, Shane Moffatt, and Mary Love. Of those individuals, Nancy Hurst and Mary Love were the only ones that attended the proceeding.
3Counsel for the Applicant noted that there is an expectation that individuals seeking Participants status should attend the preceding and further, indicated that some of the requests did not comply with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure (“Rules”), which requires a written Participant Statement outlining the individual's position on the appeal, relevant issues, and supporting reasons. Counsel for the City did not raise any concerns regarding any of the Participant Statements.
4After conferring with Ms. Hurst, who resides in proximity to the Subject Property but has not raised any concerns, the Tribunal noted that she wished only to remain informed of the proceedings. Accordingly, she has been identified as an interested person rather than a Participant.
5Participant status was granted only to those individuals who, at a minimum, submitted Participant Statements in accordance with the Rules, by outlining their reasons and concerns. On that basis, Participant status was granted to William Liske, Nicole Doro, and Mary Love.
6No one else attended the CMC seeking either Party or Participant status.
POST CMC CORRECTION TO STATUS DETERMINATION
7Prior to the issuance of this Decision, it was brought to the Tribunal's attention that, due to an administrative error, a request for Participant status submitted by Mr. Peter Appleton had not been considered during the CMC. To address this issue, the Tribunal convened a teleconference hearing with the Parties on Friday, April 11, 2025, at 9:00 AM. During that Hearing, the Tribunal advised the Parties of the error. Neither Party raised concerns with regard to Mr. Appleton being granted Participant status on the understanding that he participates solely as a private individual. Accordingly, the Tribunal grants Mr. Appleton Participant status in this proceeding, in his personal capacity only.
MEDIATION AND SETTLEMENT
8The Tribunal was advised that the Parties had scheduled a Tribunal-led mediation. Both Parties confirmed that they would keep the Tribunal apprised of any developments in their resolution efforts, which the Tribunal found satisfactory.
PROCEDURAL ORDER AND ISSUES LIST
9The Tribunal received and reviewed a draft Procedural Order from the Parties. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see Attachment 1).
HEARING
10Upon request of the Parties, the Tribunal set a 10-day Hearing commencing on Monday, November 24, at 10 a.m. by Video Hearing. No further Notice is required for the Hearing.
11Parties 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
12Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons 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: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
14Individuals 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 Hearing by video 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
15THE TRIBUNAL ORDERS THAT:
The date and particulars of the Hearing are set out above;
The Procedural Order appended as Attachment 1 shall govern the proceedings;
William Liske, Nicole Doro, Mary Love, and Peter Appleton are granted Participant status; and
Nancy Hurst has been included as an interested person.
16The Member may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
j. inniS
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.
ATTACHMENT 1