Brad Clark Report

The City has just received the OLT decision regarding 1065 Paramount. (see attached decision below).

The January 7 2025, decision permits the development to proceed with an eight-story apartment building with 191 units, and 123 stacked townhouse units with one level of underground parking and a total of 409 parking spaces.

The tribunal finds that “the Revised Proposal has regard to the applicable matters of provincial interest pursuant to s. 2 of the Act and is consistent with the Provincial Planning Statement 2024. It is located within a settlement area with transit service within convenient walking distance, and provides for intensification, higher densities, an efficient use of land and infrastructure, and a range and mix of housing types. Further, the Revised Proposal conforms to the UHOP, represents good land use planning and is in the public interest.”

Can an OLT Decision be Appealed ?

Ontario Land Tribunal decisions can be appealed through two possible options. A review can be requested of the Chair of the Ontario Lands Tribunal or through an application for a Judicial Review at the Ontario Divisional Court. An application for judicial review of an administrative decision (OLT) must be brought within thirty days of the decision being made, as set out in s. 5(1) of the Judicial Review Procedure Act.

In both cases, the application must provide any legal errors or a question of law, alleged to have been made by the decisionmaker. https://www.ontariocourts.ca/scj/files/pubs/guide-div-ct-judicial-review-EN.pdf

Councillor Brad Clark’s Comments

I am more than disappointed in this decision by the OLT. It is clear that the OLT is taking the recently revised provincial policy statement as aparmount in its decision. The revised policy has eliminated any opportunity for the city to successfully argue that the development is not within the character of the existing community. This change in provincial policy is specifically highlighted by the OLT in their decision to permit this development wherein the OLT stated, “the Revised Proposal has regard to the applicable matters of provincial interest pursuant to s. 2 of the Act and is consistent with the PPS 2024.”

I am equally disappointed that the Hamilton Wentworth District School Board chose not to participate in the hearing rather they indicated a willingness with the proponent to relocate the south pen to mitigate any impact from the loss of sunlight. The OLT wrote, “[54] Further, as a review agency, the School Board did not submit comments of concern to the City on the Applications, was notably absent from the merit hearing and did not seek Party or Participant status in the appeals. As discussed earlier, the School Board appears willing to consider the relocation of the south Pen. The Tribunal finds this to be a mitigating factor to any potential shadow impacts.

I am drafting a motion directing city staff to review the decision and provide any opportunities for the city to appeal this decision.

OLT Decision 1065 Paramount Development

Please click the download button below.

Hanukkah, “festival of lights,” begins on the 25th day of the Hebrew month of Kislev and continues for eight days. Hanukkah begins the evening of Wednesday, Dec. 25, 2024, and goes until the evening of Thursday, Jan. 2, 2024.

Hanukkah is described in the Jewish Talmud. According to Chabad.org, after the Jewish people reclaimed the Holy Temple in Jerusalem, “they sought to light the Temple’s Menorah (the seven-branched candelabrum), [but] found only a single cruse of olive oil had escaped contamination by the Greeks. Miraculously, they lit the menorah and the one-day supply of oil lasted for eight days, until new oil could be prepared under conditions of ritual purity.” (footnote: The Pioneer Woman and Chabad.org)

Justice James Ramsay has released his decision regarding the Charter Challenge of the City of Hamilton’s no camping in parks bylaw and encampment protocol. While I am pleased to receive the Court’s decision, I shall refrain from opining on the decision or its ramifications as I am cognizant that the decision can be appealed with a deadline period of thirty days to January 22, 2025.

You can read the full 15 page decision below by clicking the download button.

You can find individual articles written by local media here. Please note the links are provided by the media outlets:

https://www.thespec.com/news/hamilton-region/judge-dismisses-hamilton-charter-based-encampment-challenge/article_545d695e-070d-57af-af28-19c0b0886ff1.html#tncms-source=login

https://www.cbc.ca/news/canada/hamilton/encampment-ruling-1.7418184