Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 25, 2025
CASE NO(S).: OLT-25-000404
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lux 387 M.D. Holdings Inc., et al.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a residential subdivision consisting of 17 lots
Reference Number: ZAC-18-048
Property Address: 387,397,405,409 Hamilton Drive
Municipality/UT: City of Hamilton
OLT Case No.: OLT-25-000404
OLT Lead Case No.: OLT-25-000404
OLT Case Name: Lux 387 M.D. Holdings 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: Lux 387 M.D. Holdings Inc., et al.
Subject: Proposed Plan of Subdivision – Refusal or neglect to make a decision
Description: To permit the development of a residential subdivision consisting of 17 lots
Reference Number: 25T-2018009
Property Address: 387,397,405,409 Hamilton Drive
Municipality/UT: City of Hamilton
OLT Case No.: OLT-25-000405
OLT Lead Case No.: OLT-25-000404
Heard: September 10, 2025, by Video Hearing
APPEARANCES:
Parties
Counsel
Lux 387 M.D. Holdings Inc., Lux 397 M.D. Holdings Inc., Lux 405 M.D. Holdings Inc., and Lux 409 M.D. Holdings Inc.
David Bronskill
City of Hamilton
Michael Finley
MEMORANDUM OF ORAL DECISION DELIVERED BY C. I. MOLINARI ON september 10, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) with respect to appeals filed pursuant to ss. 34(11) and 51(39) of the Planning Act by Lux 387 M.D. Holdings Inc., Lux 397 M.D. Holdings Inc., Lux 405 M.D. Holdings Inc., and Lux 409 M.D. Holdings Inc. regarding the refusal by the City of Hamilton of Rezoning and Draft Plan of Subdivision applications to facilitate the development of a 17-lot residential subdivision on the properties located at 387, 397, 405, 409 Hamilton Drive.
NOTICE
2An Affidavit of Service sworn on August 13, 2025, attesting to the giving of notice for this proceeding, was marked as Exhibit 1. Ahead of the CMC, the Tribunal approved an abridgement of the notice from August 11 to August 15, 2025, although it was served on August 12, 2025.
3There were no concerns raised regarding the notice, and the Tribunal was satisfied that proper notice of this CMC had been provided. In this regard, no further notice is required for the appeals.
PARTY / PARTICIPANT STATUS REQUESTS
4There were no requests for Party or Participant status ahead of, or during, the CMC.
NEXT STEPS
5The Tribunal was not in receipt of a draft Procedural Order (“PO”), or Issues List, and the Parties agreed that a second CMC would be required to allow time for the issues to be determined, as well as the required duration for a merit hearing. As such, the Tribunal scheduled a second CMC as provided below.
6The Parties agreed to submit the final draft PO to the Case Coordinator by Monday, November 3, 2025, for finalization and approval by the Tribunal in advance of the second CMC.
HEARING EVENTS
7The Tribunal scheduled a second CMC for Monday, November 10, 2025, at 10 a.m. by video hearing.
8Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
9Parties 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
10Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The Access Code is as 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
MEDIATION / SETTLEMENT
12The Tribunal advised the Parties of the options for Tribunal-led mediation, or for a written hearing in the case of a settlement, and to contact the Case Coordinator to determine next steps if the need arises.
ORDER
13THE TRIBUNAL ORDERS THAT:
a) A second Case Management Conference will be held by video hearing as scheduled above; and
b) The Parties are to submit the final draft Procedural Order with the final Issues List to the Case Coordinator for finalization and approval ahead of the second CMC, as directed above.
14No further notice is required.
15The Member is not seized of this matter.
“C. I. Molinari”
C. I. MOLINARI
MEMBER
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.