It will be the second half of 2026, at the earliest, before the Upper West Side Landowners Group Inc. (the Group) will get a decision from the Ontario Land Tribunal on their application to force the City of Hamilton to expand its urban boundary.
During a second case management conference today, OLT Member David Brown approved scheduling an eight-week hearing beginning on April 13, 2026, with a June 5 ending date.
The Group represents the owners of approximately 120 hectares of whitebelt lands south of Twenty Road West and north of the airport. They hope to develop approximately 5,000 units of housing.
OLT or Ministers Zoning Order: Group Seeks to Override Council Opposition
Today’s OLT hearing is one of two efforts the Group is undertaking to override City Council’s opposition to any expansion of Hamilton’s urban boundary. (Council’s primary opposition to expansion is the costs of servicing a larger area.)
The Group applied in December to Ontario’s Minister of Municipal Affairs Paul Calandra for a Minister’s Zoning Order. Mayor Andrea Horwath opposes the application, and the City of Hamilton is asking the Minister to deny the application.
OLT Appeal: Competiting Developers Continue to Seek to Intervene
Today (January 14) was the second case management conference. The first was in early October.
At that hearing, lawyers for a competing landowners group applied for Party status to intervene. The Elfrida landowners group (representing lands in Upper Stoney Creek east of Upper Centennial Parkway) have a competing urban boundary expansion application underway.
The first group to successfully gain a ruling overturning the urban boundary freeze will secure water and wastewater service capacity. Later approvals may not be able to develop if all capacity is taken.
In October, OLT Member Dale Chipman denied Elfrida’s request.
Elfrida’s lawyer Nancy Smith states her client’s request for a review of that decision is currently being considered by the OLT Chair. She states the OLT “directed responses” to the review request on December 2nd, and that responses were filed on December 18.
“If successful, my client will seek a motion date to be scheduled to hear a Party status request,” she stated. “If unsuccessful, they will seek Participant status.”
Upper West Side Group’s lawyer Ira T. Kagan responded that Elfrida’s involvement in his client’s case has two hurdles: the review, and if that is successful, a new hearing on Party status.
OLT Member Brown took note of Elfrida’s submissions today.
OLT Appeal Hearing Plan
Kagan and City of Hamilton lawyer Patrick MacDonald jointly submitted that they each plan to call eight expert witnesses. They estimate two experts will testify each week, and agreed to an April 2026 start.
They’ve mostly agreed to the Issues Lists and Procedural Order to prepare for the hearings. There is disagreement regarding the application of a past Ontario Municipal Board settlement agreement.
The OLT order for this case management conference will be issued in a few weeks, once the City and the Group finalize a few outstanding details.
OLT Case Number: OLT-24-000748
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v. 1.0.0
Published: January 14, 2025
Last updated: January 14, 2025
Author: Joey Coleman
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