Rachel McVean

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the municipality's refusal of a Zoning By-law Amendment and Plan of Subdivision for an 18-lot residential subdivision.

The Tribunal scheduled a second Case Management Conference to ensure proper notice to interested entities and set a 10-day Merit Hearing for June 2023.

Motions were brought by CastandGrey 5 Corp., CastandGrey 7 Corp., and Hamilton Country Properties Ltd. for party status in the appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

The City of Hamilton also brought a motion to dismiss the appeals of the Twenty Road West Landowners without a hearing.

The Tribunal granted party status to the moving landowners, finding they had a direct interest in the urban boundary expansion and that their participation would serve the public interest without causing prejudice, provided they sheltered under existing issues.

The Tribunal also granted the City's motion to dismiss the Twenty Road West Landowners' appeals, finding that the landowners had previously agreed to withdraw their appeals in a binding Minutes of Settlement, and their continued pursuit of the appeals was not in good faith.