In a notice Monday (December 23), the Ontario Land Tribunal issued new deadlines for the City of Hamilton, its private developer partner Jamesville Redevelopment Limited Partnership, and the Canadian National Railway Company to submit documents before a planning February 18, 2025 contested hearing.
The City and CN are squaring off over the City’s approval for a massive redevelopment of the former Jamesville social housing site at 405 James Street North.
In August 2022, last term’s Council approved a 447-unit redevelopment of the site, which is metres from the main CN tracks and within 300 metres of the CN Stuart Street Yard, which generates much noise during shunting operations.
In September 2022, CN filed a zoning appeal to the Ontario Land Tribunal, stating “Sensitive uses should not be permitted within 300 metres of rail yards, as rail yards have an area of influence of 1,000 metres where negative impacts can occur on the proposed use,” expressing concerns the site layout and design inadequately mitigates concerns of safety, odour, vibration, and noise.
During the past two years, all sides have held settlement talks in the hope of reaching a deal.
In April 2024, the sides felt they were making progress towards a deal and postponed the scheduled May 2024 contested hearing.
At the same time, the City unveiled a new plan for Jamesville that shifted low-rise housing further back from the CN mainline, placed apartment buildings closer, and increased mitigation measures.
In October, it appears the sides were close to an agreement – with them declaring to the OLT they would not be filing an agreed statement of facts. In late November, both CityHousing Hamilton and City Council held closed session updates on talks.
Mayor Andrea Horwath struck an optimistic tone, saying talks were ‘yielding results.’
Today’s OLT notice does not preclude a settlement, it does indicate the parties do not view a settlement as imminent.
New Document Deadlines
Parties to provide [to the OLT] Witness/Expert Witness/Participant Statements by January 10, 2025.
Reply Witness and Expert Witness Statements are due on January 17.
Visual Evidence is due on February 5, the Joint Document Book on February 7, and the Preliminary Hearing Plan on February 11.
Production Details
v. 1.0.0
Published: December 23, 2024
Last updated: December 23, 2024
Author: Joey Coleman
Update Record
v. 1.0.0 original version