Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 2025
CASE NO.: OLT-25-000008
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Lewis 286 Development Inc. Subject: Request to amend the Official Plan – Refusal of request Description: To facilitate the development of 309 residential units. Reference Number: UHOPA-24-007 Property Address: 286 Lewis Road Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-25-000008 OLT Lead Case No: OLT-25-000008 OLT Case Name: Lewis 286 Development Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal of application Description: To facilitate the development of 309 residential units. Reference Number: ZAC-24-022 Property Address: 286 Lewis Street Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-25-000009 OLT Lead Case No: OLT-25-000008
PROCEEDING COMMENCED UNDER section 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Proposed Plan of Subdivision - Refusal by Approval Authority Description: To facilitate the development of 309 residential units. Reference Number: 25T-202402 Property Address: 286 Lewis Street Municipality/UT: Hamilton/Hamilton OLT Case No: OLT-25-000010 OLT Lead Case No: OLT-25-000008
BEFORE: Hugh S. Wilkins VICE-CHAIR Wednesday, the 30th day of July, 2025
THE TRIBUNAL ORDERS that the Procedural Order, as agreed to between the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on September 26, 2025. The Tribunal has set aside 10 days for the hearing.
“Matthew D.J. Bryan” MATTHEW D.J. BRYAN 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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ISSUE DATE: CASE NO(S).: OLT-25-000008
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lewis 286 Development Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Property Address: 286 Lewis Road Municipality: Hamilton Municipal File No.: UHOPA-24-007 OLT Case No.: OLT-25-000008 OLT File No.: OLT-25-000009, OLT-25-000010 OLT Case Name: Lewis 286 Development Inc. v Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lewis 286 Development Inc. Subject: Application to amend the Zoning By-law- Refusal or neglect to make a decision Property Address: 286 Lewis Road Municipality: Hamilton Municipal File No.: ZAC-24-022 OLT Case No.: OLT-25-000009 OLT File No.: OLT-25-000008, OLT-25-000010 OLT Case Name: Lewis 286 Development Inc. v Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lewis 286 Development Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Property Address: 286 Lewis Road Municipality: Hamilton Municipal File No.: 25T-202402 OLT Case No.: OLT-25-000010 OLT File No.: OLT-25-000008, OLT-25-000009 OLT Case Name: Lewis 286 Development Inc. v Hamilton (City)
1The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
2The video hearing will begin on September 26, 2025 at 10 am, through video link https://global.gotomeeting.com/join/979388733. When prompted, enter code 979-388-733.
3The parties’ initial estimation for the length of the hearing is 10 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
4The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
5The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
6The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
7Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
8Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
9A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 25, 2025 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
10Expert witnesses in the same field shall have a meeting on or before August 1, 2025 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before August 8, 2025.
11An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
12Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
13On or before August 22, 2025, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
14On or before August 22, 2025 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
15Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before September 10, 2025 and in accordance with paragraph 22.
16On or before September 16, 2025, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
17The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 19, 2025, with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
18Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
19The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 16, 2025.
20A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
21A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
22All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
23No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
24A summary of the filing dates is contained in Attachment 4.
This Member is not seized.
So orders the Tribunal.
BEFORE: Name of Member: Date:
TRIBUNAL REGISTRAR
ATTACHMENT 1
Parties & Participants
Lewis 286 Development Inc. TMA Law 25 Main Street West, Suite 2010 Hamilton, ON L8P 1H1 Jennifer Meader Email: jmeader@tmalaw.ca Phone: 905.529.3476
The City of Hamilton 50 Main Street East, 5th Floor Hamilton, ON L8N 1E9 Peter Krysiak Email: peter.krysiak@hamilton.ca Phone: 905.546.2424
ATTACHMENT 2
Issues List
Note: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is relevant, appropriate, or within the Tribunal’s jurisdiction. The identification of an issue on this list by a party indicates that party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet, but shall not preclude any other party from calling evidence on the issue.
Do the applications have appropriate regard for matters of provincial interest as enumerated in section 2 of the Planning Act?
Does the Draft Plan of Subdivision application have appropriate regard for criteria set out in Sub-section 51(24) of the Planning Act?
Does the Draft Plan of Subdivision application conform to the subdivision criteria as per policy F.1.14.1.2 of the Urban Hamilton Official Plan Volume 1?
Are the applications consistent with applicable policies in the 2024 Provincial Planning Statement, which include Sections 2.1.6, 2.2, 2.3.1.2, 2.8.1.1.e, 2.8.1.3, 2.8.2.3.e, 2.8.2.4, 3.5, and 5.2.1?
Does the proposal conform with the policies of the Urban Hamilton Official Plan Volume 1, including policy A.2.3.4.2 related to Greenfield development?
Do the applications conform with the Neighbourhoods policies in Volume 1 Section E.2.7 and E.3.0 of the Urban Hamilton Official Plan?
Do the applications conform with the general residential policies or the “Low Density Residential 3” and “Medium Density Residential 2” designations of the Fruitland-Winona Secondary Plan including, but not limited to, Volume 2 policies B.7.4.4.2 c), B.7.4.4.4, B.7.4.4.5, and B.7.4.4.6.
Do the applications comply with[1] the Block 3 Servicing Strategy as a basis for reviewing and approving development applications within Block 3, including, but not limited to, street network, air drainage patterns, sanitary outlets, stormwater outlets, and municipal water system capacity as per the Urban Hamilton Official Plan Volume 2 policies B.7.4.14.1 c), B.7.4.14.1 n), B.7.4.17.2, and B.7.4.17.3 of the Fruitland-Winona Secondary Plan?
Do the applications conform with policies of the Urban Hamilton Official Plan Volume 1, Section B.3.3 related to Urban Design?
Do the applications conform with urban design policies in Volume 1, B.3.3.2.3 through B.3.3.2.10, inclusive, of the Urban Hamilton Official Plan and Volume 2 policies B.7.4.10.2, B.7.4.10.3, B.7.4.10.4, and B.7.4.10.6 of the Fruitland-Winona Secondary Plan?
Does the proposal conform with the policies of the Urban Hamilton Official Plan Volume 2, Fruitland-Winona Secondary Plan, including policies B.7.4.4.2, B.7.4.4.5, B.7.4.4.6, B.7.4.10, B.7.4.12.1 and B.7.4.16?
Has the Air Drainage Analysis for the applications appropriately identified and assessed the effects of the proposed development on the existing microclimate and airflow as per Fruitland-Winona Secondary Plan policy 7.4.17.6?
Do the applications conform with policy C.2.11.1 of Volume 1 of the Urban Hamilton Official Plan?
Does adequate infrastructure capacity exist to support the proposed development as per Volume 1 policy C.5.3.6 of the Urban Hamilton Official Plan?
Do the applications conform with Volume 1 policies B.3.4.1.4, B.3.4.2.1 g), and B.3.4.2.1 h) of the Urban Hamilton Official Plan?
Do the applications demonstrate that areas of archaeological potential have been sufficiently assessed as per Volume 1 policy B.3.4.4.3 of the Urban Hamilton Official Plan?
Are the proposed site specific performance standards in keeping with the intent of the Zoning By-law?
Do the applications represent good planning and are they in the public interest?
ATTACHMENT 3
Order of Evidence
- Lewis 286 Development Inc.
- The City of Hamilton
- Lewis 286 Development Inc. in reply
ATTACHMENT 4
Summary of Filing Dates
| EVENT | DATE |
|---|---|
| List of Witnesses | July 25, 2025 |
| Expert Witness Meetings | August 1, 2025 |
| Agreed Statement of Facts & Remaining Issues | August 8, 2025 |
| Witness and Expert Witness Statements | August 22, 2025 |
| Reply Witness Statement | September 10, 2025 |
| Confirm Hearing Dates with Tribunal | August 22, 2025 |
| Visual Evidence | September 16, 2025 |
| Joint Document Book | September 16, 2025 |
| Hearing Plan | September 19, 2025 |
| OLT Hearing Commences | September 26, 2025 |
1The Applicant/Appellant does not agree that the test for evaluating the Applications against the Block 3 Servicing Strategy is ‘compliance’.