The Ontario Land Tribunal is applying its existing rules more strictly.
OLT Member Jennifer Innis denied multiple participant requests, limiting approval “to those who actually completed the form.”
Innis ruled that participant status requests must include details explaining why an individual wishes to file a written statement, including their interests in the matter and articulate planning concerns.
The decision came at the end of the first case management conference for a non-decision appeal involving 370, 378, 412, 436 Garner Road East. Owner First Golf Real Estate Corporation applied to the City of Hamilton to create 17 industrial building blocks, including one woodlot block, two stormwater management facility blocks and a woodland buffer.
The conceptual plan shows eight proposed industrial buildings.
The developer’s lawyer, Marc Kemerer, said his client has dealt with “a lot of delay” trying to navigate the City’s planning processes since first submitting their application on December 18, 2020.
He said during the 1,379 days between submission and appeal, his client made substantial changes and resubmissions in response to City staff concerns.
In a report to Council, Acting Chief Planner Anita Fabac states that City planners are not satisfied with the developers’ expert reports regarding woodlots and headwater management concerns.
“The Wetland Compensation Planting Plan is not supported by staff as the type of
wetland has not been clearly identified within the Environmental Impact
Statement and it is unclear if an ecologist was consulted in determining the
strategy in the plan,” reads Fabac’s report.
OLT Denies Participant Status Request
Kemerer argued against permitting some participants, stating it was not clear why some of them were seeking to make written submissions later in the OLT process.
City of Hamilton lawyer Patrick MacDonald stated the City’s position is all residents who applied should be granted status.
“This is no prejudice,” MacDonald said, noting that participants can only make written submissions.
The OLT Member only approved three participant requests.
Under the present rules for the OLT, passed by the Ontario Conservative government, participant statements are not expert evidence and rarely influence decisions. Developers/appellants must submit statements to the OLT responding to participants’ concerns.
A two-week hearing regarding the development’s non-decision appeal is scheduled for late fall.
OLT Case Number: OLT-24-001165
Production Details
v. 1.0.0
Published: March 19, 2025
Last updated: March 19, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version
v. 1.1.0 corrected headline to state 370 Garner, original version was 340. I regret the error.
Is it acceptable that people are being restricted from having participant status? Or is this mechanism solely intended on letting developers dodge environmental concerns?
I cannot readily recall any other instance of denying participant statements.
As the lawyer for the City of Hamilton stated, there is no prejudice to the development in residents submitting written statements.