Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 19, 2026
CASE NO(S).: OLT-25-000996
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Kierland 448 Book Rd. Ltd. (“Kierland”)
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of an industrial subdivision
Reference Number: UHOPA-25-002
Property Address: 448 Book Road East
Municipality: City of Hamilton
OLT Case No.: OLT-25-000996
OLT Lead Case No.: OLT-25-000996
OLT Case Name: Kierland 448 Book Rd. Ltd. 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: Kierland 448 Book Rd. Ltd. (“Kierland”)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of an industrial subdivision
Reference Number: ZAC-25-012
Property Address: 448 Book Road East
Municipality: City of Hamilton
OLT Case No.: OLT-25-001004
OLT Lead Case No.: OLT-25-000996
OLT Case Name: Kierland 448 Book Rd. Ltd. 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: Kierland 448 Book Rd. Ltd. (“Kierland”)
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of an industrial subdivision
Reference Number: 25T-202502
Property Address: 448 Book Road East
Municipality: City of Hamilton
OLT Case No.: OLT-25-001005
OLT Lead Case No.: OLT-25-000996
OLT Case Name: Kierland 448 Book Rd. Ltd. v. Hamilton (City)
Heard: March 13, 2026 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Kierland 448 Book Rd. Ltd. (“Kierland”) | Kataryna Sliwa Max Reedijk (in absentia) |
| City of Hamilton (“City”) | Melanie Benedict |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON MARCH 13, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on appeals filed by Kierland in respect of the failure of the Council of the City of Hamilton to make decisions on Kierland’s planning applications within the timeframes prescribed under the Planning Act, R.S.O. 1990, c. P 13, as amended (“Act”).
2The planning applications seek approval of proposed amendments to the City’s Official Plan (“OPA”) and Zoning By-law (“ZBA”), and for a Draft Plan of Subdivision (“DPS”), to facilitate an industrial subdivision consisting of four industrial blocks to accommodate five single-storey buildings, and separate blocks for natural heritage features, open space, and a stormwater management pond. The City has deemed the applications complete.
3The affected lands are municipally known as 448 Book Road East in the City of Hamilton, are 15.5 hectares in size, and have frontage on both Book Road East and Southcote Road (“Property”).
CLARIFICATION OF APPEALS
4For clarification, Kierland has filed the appeals of the OPA and ZBA separate from the appeal of the DPS.
5Kierland’s Counsel acknowledged that the Tribunal has administratively scheduled the appeals to be heard together for the purposes of the CMC, however, informed the Tribunal that Kierland is not asking the Tribunal for the matters to be heard together or consolidated at this time in order to maintain flexibility.
6The Tribunal confirms that Counsel does not concede that the OPA and ZBA appeals be heard together with the DPS appeal and for the Tribunal’s records to indicate as such.
7The Tribunal received two separate Affidavits of Service (“AOS”) regarding notice for this CMC. The Tribunal is satisfied that proper notice has been given for each of the appeals, and marked the AOS related to the OPA and ZBLA appeals as Exhibit 1 and the AOS for the DPS as Exhibit 2. The Tribunal directs that no further notice is required in respect of the appeals.
REQUESTS FOR STATUS
8The Tribunal had not received any formal requests for Party or Participant status in advance of the CMC. However, there were four individuals who were in attendance, all of whom reside adjacent to or near the Property, all with questions about what is being proposed and how it could potentially impact the use and enjoyment of their properties and the surrounding area.
9The Tribunal directed the following individuals to prepare and submit a completed Request for Participant Status form to the Tribunal to be granted Participant status by the Tribunal:
Marty Butterworth
Lou Di Domenico
Denise Rendell
Ed Vella
Such requests should be filed with the Tribunal by no later than March 20, 2026.
PROCEDURAL MATTERS
10The Parties agreed on procedural matters and were asking for the scheduling of a second CMC for the last week of April 2026 to provide time for Counsel for the City to obtain instructions on the appeals from City Council.
11The Parties were aware that there are opportunities for Tribunal-led mediation available should they have an interest.
NEXT STEPS
12A second CMC in respect of all of the appeals is scheduled to proceed by video on Wednesday, April 29, 2026 at 10 a.m.
13Parties and Participants 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/638422541
Access code: 638-422-541
14Parties and/or 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
15Persons 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: 638-422-541.
16Individuals 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.
17As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
18The Parties are directed to prepare and submit a draft Procedural Order and draft Issues List with the Tribunal in advance of the second CMC, and no later than Wednesday, April 22, 2026.
ORDER
19THE TRIBUNAL ORDERS the above directives.
“Sharon L. Dionne”
SHARON L. DIONNE
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.