Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 5, 2026

CASE NO.: OLT-22-003154, OLT-25-000735

PROCEEDING COMMENCED UNDER subsection 69(3) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Losani Homes (1998) Ltd.

Description: Protest of Fee for site plan application

Property Address: 505, 509, 513 and 517 Highland Road West

Municipality/UT: City of Hamilton

OLT Case No.: OLT-22-003154

OLT Lead Case No.: OLT-22-003154

OLT Case Name: Losani Homes (1998) Ltd v. Hamilton (City)

PROCEEDING COMMENCED UNDER section 14 of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: Losani Homes (1998) Ltd.

Description: Development Charges By-law No. 11-174

Reference Number: DC BL 11-174

Property Address: 505, 509, 513 and 517 Highland Road West, Stoney Creek

Municipality/UT: City of Hamilton

OLT Case No.: OLT-23-000511

OLT Lead Case No.: OLT-22-003154

OLT Case Name: Losani Homes (1998) Ltd v. Hamilton (City)

PROCEEDING COMMENCED UNDER subsection 22(1) of the Development Charges Act, 1997, S.O. 1997, c. 27

Appellant: Losani Homes (1998) Ltd.

Description: Determination of the development charges

Reference Number: SPA-23-070, Permit No. 21-137706 01 R3

Property Address: 505, 509, 513, and 517 Highland Road West

Municipality/UT: City of Hamilton

OLT Case No.: OLT-25-000735

OLT Lead Case No.: OLT-25-000735

OLT Case Name: Losani Homes (1998) Ltd. v. Hamilton (City)

BEFORE:

W. DANIEL BEST MEMBER

Thursday, the 5th day of February, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on January 19, 2026, 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 21, 2026. The Tribunal has set aside 5 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.

CASE NO(S).: OLT-22-003154

PROCEEDING COMMENCED UNDER subsection 69(3) of the Planning Act, R.S.O. 1990, c. P.13:

Applicant(s)/Appellant(s): Losani Homes (1998) Ltd. Subject: Fees Appeal Property Address/Description: 505, 509, 513 and 517 Highland Road West, Stoney Creek Municipality: City of Hamilton Municipal File No.: DA-19-125 OLT Case No.: OLT-22-003154 OLT File No.: OLT-22-003154

PROCEEDING COMMENCED UNDER subsection 22(1) of Development Charges Act, 1997, S.O. 1997, c. 27

Applicant(s)/Appellant(s): Losani Homes (1998) Ltd. Subject: Development Charges Complaint Property Address/Description: 505, 509, 513 and 517 Highland Road West, Stoney Creek Municipality: City of Hamilton Municipal File No.: DA-19-125 / DC BL 11-174 OLT Case No.: OLT-23-000511 OLT Lead Case No.: OLT-22-003154

PROCEEDING COMMENCED UNDER subsection 22(1) of Development Charges Act, 1997, S.O. 1997, c. 27

Applicant(s)/Appellant(s): Losani Homes (1998) Ltd. Subject: Development Charges Complaint Property Address/Description: 505, 509, 513 and 517 Highland Road West, Stoney Creek Municipality: City of Hamilton Municipal File No.: SPA-23-070 OLT Case No.: OLT-25-000735 OLT Lead Case No.: OLT-22-003154

1. The 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

2. The video hearing will begin on Monday September 21, 2026, at 10:00 a.m. at https://global.gotomeeting.com/join/909787981

3. The parties’ initial estimation for the length of the hearing is five (5) 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.

4. The 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).

5. The 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.

6. The 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.

7. Any 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.

8. Any 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

9. A 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 6, 2026, 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.

10. Expert witnesses in the same field shall have a meeting on or before July 13, 2026, 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 coordinator on or before July 20, 2026.

11. An 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.

12. Expert 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.

13. On or before July 27, 2026, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case coordinator and in accordance with paragraph 22 below.

14. On or before July 27, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before August 3, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before September 7, 2026, 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.

17. On or before August 24, 2026, the parties may provide a written reply to any evidence that has been received in accordance with paragraphs 13, 14 or 16.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before September 7, 2026.

19. A 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.

20. A 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 5 days before the hearing that the written evidence is not part of their record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 14, 2026, 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.

22. All 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.

23. No 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.

24. For the purposes of computing time, the “days” referred to within this Procedural Order exclude Saturdays and Sundays.

25. The Procedural deadlines indicated above are replicated in Attachment 4 to this Order.

This Member is not seized. So orders the Tribunal.

ATTACHMENT 1

LIST OF PARTIES/PARTICIPANTS

PARTIES

1. Losani Homes (1998) Ltd. Raj Kehar, and Nikolas Koschany WeirFoulds LLP 4100-66 Wellington Street West Toronto, ON M5K 1B7 rkehar@weirfoulds.com nkoschany@weirfoulds.com 416-947-5051

2. City of Hamilton R. Andrew Biggart Ritchie Ketcheson Hart & Biggart LLP 1 Eva Road., Suite 206 Etobicoke, ON M9C 4Z5 abiggart@ritchieketcheson.com 416-622-6601 Ext: 227

ATTACHMENT 2 ISSUES LIST

The identification of an issue does not mean that all parties agree that such issues, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

1. Are the development charges imposed on the proposed development incorrectly determined?

2. Are there error(s) in the application of the City of Hamilton Development Charge By-laws No. 19-142 and No. 11-174 in these instances?

3. Is it appropriate for the City to have levied a revival fee for the 2019 site plan application with the municipal file number of DA-19-125?

4. Is the amount of the revival fee for the 2019 site plan application appropriate and justified?

5. Did the City err in determining that Losani was owed a “refund” of development charges previously paid under the 2019 site plan application, rather than a “credit”, thereby applying additional costs to the conversion of condominium units to rental housing development?

6. Did the City err in calculating interest on the gross amount of development charges owing to Losani, rather than the net development charges owing, thereby essentially “double dipping” by collecting interest on funds held and funds later assessed?

7. Did the City err by determining that development charges and associated credits and/or refunds were owing on only 64 units of the proposed development for the 2024 site plan application with the municipal file number of SPA-23-070?

8. Did the City incorrectly determine the amount of interest owed by Losani?

ATTACHMENT 3

ORDER OF EVIDENCE

1. Losani Homes (1998) Ltd.

2. City of Hamilton

3. Losani Homes (1998) Ltd. (Reply)

ATTACHMENT 4 – SCHEDULE*

Hearing Requirement Deadline

Witness List July 6, 2026

Experts’ Meeting July 13, 2026

Agreed Statement of Facts July 20, 2026

Expert Witness Statements and Reports July 27, 2026

Participant Statements July 27, 2026

Confirm reserved hearing dates still required August 3, 2026

Written reply to evidence August 24, 2026

Joint Document Book September 7, 2026

Visual Evidence September 7, 2026

Hearing Plan September 14, 2026

Hearing Begins September 21, 2026

*Where any dates in this schedule conflict with the dates established in the text of the Procedural Order, those dates established in the text of the Procedural Order shall prevail.