Patrick MacDonald

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by the Canadian National Railway Company against the City of Hamilton's approval of an Official Plan Amendment and Zoning By-law Amendment.

The amendments would permit a 447-unit residential development near a railway yard.

The Tribunal received an update on mediation efforts and approved the draft Procedural Order and Issues List to govern the upcoming nine-day merits hearing scheduled for May 2024.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by ONE Properties Limited Partnership concerning a draft Plan of Subdivision and a refusal by the Hamilton Conservation Authority to permit the relocation of a wetland for a proposed business park development.

The parties requested an adjournment to allow the appellant to commission a report on the wetland's hydrological features.

The Tribunal scheduled a further Case Management Conference for September 2024 and a 15-day hearing commencing in February 2025.

The parties requested a Case Management Conference to address an issue regarding a condition of a previously granted provisional consent.

At the hearing, the parties indicated they had made substantial progress in resolving the issue and requested an adjournment to finalize an agreement.

The Tribunal granted the adjournment and scheduled a new hearing date in the event an agreement could not be reached.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment and a Zoning By-law Amendment to permit a residential development.

At the first Case Management Conference, the Tribunal granted participant status to 15 individuals, noted the parties' interest in Tribunal-led mediation, and scheduled a second Case Management Conference.

The appellant appealed the City of Hamilton's failure to render a decision on a site plan application for a 106-unit townhouse development.

The parties reached a settlement and presented a revised Settlement Plan and Conditions.

Based on uncontested expert planning evidence, the Tribunal found that the settlement conformed to the Mount Hope Secondary Plan, implemented the site-specific zoning provisions, and represented good land use planning.

The appeal was allowed in part to approve the settlement.

The applicant appealed the City of Hamilton's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit an eight-storey mixed-use development.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning and urban design evidence, the Tribunal found that the revised proposal represented good planning and was consistent with provincial and municipal policies.

The Tribunal dismissed the OPA appeal as unnecessary due to a recent municipal policy update, and allowed the ZBA appeal in part to implement the settlement.

The appellant appealed the City of Hamilton's failure to make a decision on applications for Official Plan and Zoning By-law amendments to permit a mixed-use development with three residential towers.

Following a settlement between the parties, the Tribunal held a settlement hearing.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and Niagara Escarpment Plan, and represented good planning.

The appeal was allowed in part to amend the Zoning By-law.

A Case Management Conference was held regarding the remaining site-specific appeals to the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

The parties reported positive ongoing discussions to resolve the remaining technical issues, with some appeals potentially being withdrawn.

The Tribunal directed the parties to provide a status update by November 30, 2023, and to schedule a further hearing by teleconference if necessary.

The appellant appealed the City of Hamilton's Parkland Dedication By-law No. 22-218, seeking the removal of the phrase 'fronting onto a public street' regarding the 5% cap on parkland contribution for street townhouse developments.

This decision relates to the first Case Management Conference, where the Tribunal scheduled a two-day video hearing for the single-issue appeal.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 630-unit residential development.

At the third Case Management Conference, the parties advised that a new understanding of a set-back line necessitated a revised development plan.

The Tribunal scheduled a fourth Case Management Conference to allow the parties to consider the new plan and engage in Tribunal-led mediation.

The claimant sought $5.6 million in compensation under the Expropriations Act for the market value of lands to be transferred to the City for a stormwater management pond pursuant to a subdivision agreement.

The City brought a motion to dismiss the claim for lack of jurisdiction.

The Tribunal granted the motion, finding that no formal expropriation had occurred to trigger section 26 of the Act, and the parties had not explicitly consented to arbitration under section 30.

The claim was dismissed, with directives provided for the claimant to potentially amend its pleadings or pursue alternative remedies.

The applicant appealed the City of Hamilton's decision regarding the cash-in-lieu fee contribution for parkland under section 42(10) of the Planning Act.

At the first Case Management Conference, the Tribunal noted that no requests for party or participant status were received.

The parties presented a draft Procedural Order and Issues List, which were finalized with the Tribunal's assistance.

The Tribunal scheduled a two-day video hearing to resolve the appeal.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to render a decision on Official Plan and Zoning By-law Amendment applications for a 12-storey residential development.

The Tribunal granted participant status to a local resident, directed the parties to submit a draft Procedural Order and Issues List, and scheduled a second Case Management Conference and an eight-day hearing on the merits.

At a Case Management Conference, the Appellants withdrew their appeal under section 22(7) of the Planning Act regarding the City's refusal to amend the Urban Hamilton Official Plan, as a Ministry decision rendered it moot.

The Tribunal accepted the withdrawal.

For the remaining appeal under section 69(3) protesting the levying of fees, the Tribunal scheduled a two-day video hearing and approved the Procedural Order and Issues List submitted by the parties.

The appellants appealed the City of Hamilton's adoption of Official Plan Amendment No. 102 and Zoning By-law No. 18-114, which imposed height restrictions and included their properties in a Cultural Heritage Landscape.

The parties reached a settlement proposing site-specific revisions to increase the maximum building height from 44 metres to 78 metres while maintaining the heritage designation.

Based on uncontested expert planning evidence, the Tribunal approved the settlement, finding the modifications consistent with provincial policies, representative of good planning, and in the public interest.

The Ontario Land Tribunal issued a Procedural Order for the hearing of appeals brought by Flamborough Power Centre Inc. against the City of Hamilton.

The appeals relate to the City's failure to adopt a requested official plan amendment, neglect of a zoning by-law amendment application, and failure to make a decision on a proposed plan of subdivision for the development of a complete community at 30 Dundas Street East.

The order sets out the organization of the hearing, requirements before the hearing, the summary of dates, the list of parties and participants, the issues list, and the order of evidence.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on applications for a Zoning By-law Amendment and draft Plan of Subdivision.

The applications propose 251 townhouse units.

The Tribunal approved the draft Procedural Order and Issues List and scheduled a seven-day video hearing to commence on July 17, 2023.

The applicant appealed the City of Hamilton's failure to make a decision on a Zoning By-Law Amendment application to permit a four-storey seniors' residence and 16 bungalow townhouses.

The City did not oppose the appeal, and the hearing proceeded as a settlement hearing.

The Tribunal accepted uncontroverted expert planning evidence that the proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and conforms to the Urban Hamilton Official Plan.

The Tribunal allowed the appeal in part and approved the zoning by-law amendments, finding the development represents an appropriate form of residential intensification.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by 1376412 Ontario Ltd. (Zeina Homes) against the City of Hamilton's refusal of applications to amend the Zoning By-law and for a proposed Plan of Subdivision.

The applications seek to permit an 18-lot subdivision and a stormwater management facility block.

The procedural order sets out the organization of the hearing, requirements before the hearing, the parties and participants, the issues list, the order of evidence, and a summary of filing dates.

The applicant appealed the municipality's failure to make a decision on official plan and zoning by-law amendment applications for a proposed 12-storey non-profit residential building.

At the first case management conference, the Tribunal scheduled a 9-day merit hearing and directed the parties to finalize a draft issues list.