Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 07, 2025
CASE NO(S).: OLT-24-000564
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Glen Nyhus
Applicant/Appellant: Haastown Holdings Preston Inc.
Subject: By-law No. ZBL 24-034
Description: To permit the construction of 3 residential towers
Reference Number: OR09/23
Property Address: 102 Fountain Street South, 199 Abraham Street, 134 Fountain Street North and 144 Fountain Street North
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-24-000564
OLT Lead Case No.: OLT-24-000564
OLT Case Name: Nyhus v. Cambridge (City)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Haastown Holdings Preston Inc.
Subject: Proposed Official Plan Amendment
Description: To permit the construction of 3 residential towers
Reference Number: OPA 77
Property Address: 102 Fountain Street South, 199 Abraham Street, 134 Fountain Street North and 144 Fountain Street North
Municipality/UT: Cambridge/Waterloo
OLT Case No.: OLT-24-000989
OLT Lead Case No.: OLT-24-000564
OLT Case Name: Haastown Holdings Preston Inc. v. Waterloo (Region)
Heard: May 5, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Haastown Holdings Preston Inc. ("Applicant"/"Appellant")
Aaron Platt Katryna Vergis-Mayo (in absentia)
Glen Nyhus ("Appellant")
Jim Karahalios
City of Cambridge ("City")
Brian Duxbury Nicole Auty
Regional Municipality of Waterloo ("Region")
Fiona McCrea
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MAY 5, 2025 AND ORDER OF THE TRIBUNAL
1This Case Management Conference ("CMC") was held at the request of the Parties in preparation for the Merit Hearing scheduled to begin on October 6, 2025, as set out in the previous Decision issued on December 13, 2024 approving the Procedural Order.
2The Affidavit of Service for Notice of this CMC was marked as Exhibit 1.
3The Applicant/Appellant appealed Official Plan Amendment 77 ("OPA"), as adopted by the City and approved by the Region, and appealed Zoning By-law Amendment No. 24-034 ("ZBA"), passed by the City, as the OPA and ZBA do not allow the Applicant/Appellant's full development proposal for its lands known as 102 Fountain Street in Preston, Cambridge ("site").
4Glen Nyhus, the owner of lands nearby the site, appealed the ZBA.
5At the CMC, the Parties advised that their discussions are continuing in an effort to reduce issues on the Issues List, and that, while no resolutions have been reached to date, certain issues may be resolved prior to the Merit Hearing. The Parties will keep each other apprised of progress, including through the Procedural Order's steps for meetings of like experts and the exchange of witness statements.
6The Parties will advise the Case Coordinator if they require the Tribunal's further assistance, such as a request on consent for an Order to amend the Issues List, or a further CMC should a procedural issue arise. The Parties are aware that such matters arising close to the Merit Hearing date may be addressed at the outset of the Merit Hearing.
ORDER
7THE TRIBUNAL ORDERS its directions as set out above.
"S. Tousaw"
S. TOUSAW
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.