The Ontario Land Tribunal says the City of Hamilton and CN Rail will conduct confidential mediation talks during July and August in the hope of reaching a settlement to allow the construction of housing at the Jamesville site at 405 James Street North.
All parties, the City of Hamilton, CityHousing Hamilton, Jamesville Redevelopment Limited Partnership, and CN Rail, attended a video OLT Case Management Conference this morning.
The four sides are still discussing the issues brought forth by CN. No issues list was presented to the Tribunal today, with all parties requesting a second hearing date while stating they will conduct settlement talks during July and August.
CN is appealing to the OLT to have the Tribunal impose more rigid noise mitigation requirements for the proposed 447-unit redevelopment of the site located approximately 230 metres east of CN’s Stuart Street Yard.
“Specific concerns are centred around safety considerations, odour vibration and noise,” CN legal counsel Katarzyna Sliwa told the Tribunal.
“CN is not objecting to the development and principal provided that the impact on the adjacent rail operations are accounted for, and appropriate mitigation measures are applied.”
Sliwa made the formal request for Tribunal-led confidential mediation.
Lawyers for the City, CityHousing Hamilton, and the developer Jamesville Redevelopment Limited Partnership, stated they support conducting mediation.
Ontario Land Tribunal presiding Member Steve DeBoer expressed optimism the parties will reach an agreement before the next CMC hearing date on September 8.
The scheduled CMC “may be moot considering … mediation,” DeBoer stated.
“Hopefully, there will be some resolution through Tribunal led mediation that will end this matter as quickly as possible,” DeBoer stated in his closing remarks.
UPDATE, July 19: The OLT’s written decision is now posted to CanLII. It includes how to join the scheduled September 8 video conference CMC.
Production Details v. 1.0.0 Published: June 29, 2023 Last edited: June 29, 2023 Author: Joey Coleman Edit Record v. 1.0.0 original version
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