The City of Hamilton and CN Rail will continue settlement talks in October regarding CN’s concerns about the planned 447-unit redevelopment of the former Jamesville social housing site at 405 James Street North.
Lawyers for the City, CN, CityHousing Hamilton, and the private developer consortium Jamesville Redevelopment Limited Partnership attended an Ontario Land Tribunal case management hearing by video conference today.
All sides agreed to set contested hearing dates while continuing to seek a settlement agreement using the OLT’s confidential mediation services.
A nine-day contested hearing is scheduled to begin on May 21, 2024. The parties will update the Tribunal at a third Case Management Conference on December 19.
Update, October 3: The OLT states the CMC meeting is rescheduled to December 20 at 10:00 a.m.
OLT Member Steve deBoer directed the lawyers to bring an issues list and procedural order for Tribunal approval to the December hearing.
He stated his hope a settlement will result from mediation in October. The Tribunal will convert the December 19 date to a settlement hearing if needed, deBoer stated.
CN is seeking more rigid noise and environmental mitigation measures in the design of the new housing units, which will be approximately 230 metres east of CN’s Stuart Street Yard.
“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,” stated CN legal counsel Katarzyna Sliwa in June.
Additional, October 3: Video conference login information for both the December 20 CMC and May 2024 hearing is available in the CanLII OLT Oral Decision Memo.
Production Details v. 1.0.0 Published: September 8, 2023 Last edited: October 3, 2023 Author: Joey Coleman Edit Record v. 1.0.0 original version v 1.1 add info on rescheduled CMC, link to CanLII decision.