Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 22, 2025
CASE NO(S).: OLT-24-000803
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dickenson Limited Partnership and Dickenson GP Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit an industrial warehouse development
Reference Number: ZAH-22-021
Property Address: 9451,9517, 9541, 9569, 9579, 9593 and 9867 Dickenson Road, 1199 and 1205 Glancaster Road
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-24-000803
OLT Lead Case No.: OLT-24-000803
OLT Case Name: Dickenson Limited Partnership and Dickenson GP Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dickenson Limited Partnership and Dickenson GP Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit an industrial warehouse development
Reference Number: 25T-202203
Property Address: 9451,9517, 9541, 9569, 9579, 9593 and 9867 Dickenson Road, 1199 and 1205 Glancaster Road
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-24-000804
OLT Lead Case No.: OLT-24-000803
Heard: January 13, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dickenson Limited Partnership and Dickenson GP Inc. (“Appellant”) | Alexander Suriano Naomi Mares (in absentia) |
| City of Hamilton (“City”) | Patrick MacDonald |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JANUARY 13, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a second Case Management Conference (“CMC”) for an Appeal brought by Dickenson Limited Partnership and Dickenson GP Inc. (“Appellant”) on Applications concerning the lifting of Holding Provision 37 in the Comprehensive Zoning By-law No. 05/200 through a Zoning By-law Amendment (“ZBA”) pursuant to s. 36(3) and Draft Plan of Subdivision (“DPS”) pursuant to s. 51(34) on the property municipally known as 9451, 9517, 9541, 9569, 9579, 9593, and 9867 Dickenson Road and 1199 and 1205 Glancaster Road, in the City of Hamilton (“City”) (“Subject Property”).
2The Application seeks to facilitate the redevelopment of the Subject Property with an industrial development comprised of four development blocks totalling approximately 76.6 hectares of development area that may accommodate a gross floor area of approximately 295,326 square metres of employment uses (the “Proposed Development”). The Proposed Development also includes one public road (“Street A” or “Arterial 1N”), the creation of various blocks for stormwater management ponds and accommodating the natural heritage system, including a retained watercourse and wetland, a realigned and naturalized watercourse corridor and three blocks for woodland conservation and creation.
3At this second CMC, Adrian Frank and on behalf of Ira Kagan (in absentia), Counsel to the Upper West Side Landowners Group (“UWSLG”) requested UWSLG be added to the case file contact list and requested to receive copies of all materials submitted to the Tribunal pertaining to this matter. UWSLG owns the land adjacent to the Subject Property and has an appeal currently filed with the OLT to develop their property. Having heard no objections from the Parties, the Tribunal will add UWSLG to the contact list and include them in the circulation of all materials received. Mr. Frank is directed to provide the Case Coordinator with UWSLG’s contact information.
MEDIATION
4The Parties indicated that they will be seeking Tribunal-led mediation in an effort to resolve the outstanding issues. Pending the outcome of the efforts and advanced discussions, the Parties are directed to advise the Case Coordinator as to whether any or all of the outstanding issues have been resolved and if there are any changes in the number of days that have been set aside for the hearing.
PROCEDURAL ORDER AND ISSUES LIST
5The Tribunal directed the Parties to provide a final draft of the Procedural Order (“PO”) and Issue List (“IL”) for consideration on or before Friday, January 31, 2025, for the Tribunal’s approval.
MERIT HEARING
6The Parties jointly requested that the Tribunal schedule a fifteen-day hearing for the Appeal based on the range of issues and the proposed number of witnesses required.
7A fifteen-day merit Hearing will commence on Monday, July 7, 2025, at 10 a.m. by video conferencing:
GoTo Meeting : https://global.gotomeeting.com/join/909787981
Access Code: 909-787-981
8Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
9Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: Toll-Free 1(888)-455-1389or +1 (647) 497-9391. The Access Code is indicated above.
11Individuals 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 Video Hearing 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.
12The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
13THE TRIBUNAL ORDERS that a fifteen-day merit Hearing will commence on Monday, July 7, 2025, at 10 a.m. by videoconference as indicated above.
14This Member remains available to assist with the case management of this proceeding, subject to the Tribunal’s calendar.
15No further notice will be given.
“D. Chipman”
D. CHIPMAN
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.