Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 14, 2021
CASE NO(S).: PL210157
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: 1972380 Ontario Limited and 1219414 Ontario Limited
Subject: Site Plan
Property Address/Description: 434 and 480 Steeles Avenue West
Municipality: City of Vaughan
OLT Case No.: PL210157
OLT File No.: PL210157
OLT Case Name: 1219414 Ontario Limited v. Vaughan (City)
Heard: October 12, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
1972380 Ontario Ltd. And 1219414 Ontario Ltd. (“Appellant”)
Alan Heisey
City of Vaughan
Effie Lidakis
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON OCTOBER 12, 2021 AND ORDER OF THE TRIBUNAL
1The Appellant has submitted a site plan application to the City of Vaughan to permit the development of both 434 and 480 Steeles Avenue West with a new car Jaguar/Land Rover dealership building and associated parking and loading area while retaining the existing BMW AutoHaus dealership building.
2A Case Management Conference was held on September 14, 2021. At this CMC, the Tribunal was advised that most of the outstanding issues for the application had been resolved.
3The Tribunal issued an Interim Order dated September 20, 2021, approving the plans and drawings as submitted, subject to minor revisions. The Tribunal also ordered that the City of Toronto was not to be a signatory to the Site Plan Agreement.
4The final order of the Tribunal was to be withheld until a number of conditions were satisfied, listed briefly as follows:
Confirmation that 434 and 480 Steeles Avenue West have merged, and
The Owners are to execute and deliver a Letter of Undertaking prior to their corporate amalgamation, and
The Owners are to submit a fully executed retainer agreement to prepare a Record of Site Condition, and
Submit a draft reference plan of survey for the right-of-way transfer, and
Execution of the Site Plan Agreement
5A Telephone Conference Call (“TCC”) was scheduled for October 12, 2021 with counsel to confirm that all conditions had been met and that all Parties were satisfied.
6Mr. Heisey advised the Tribunal that there were some minor inconsistencies with the draft reference plan and with the engineering plans and drawings. The reference plan inconsistencies have been resolved and revised engineering drawings will be submitted to the City of Vaughan and City of Toronto by no later than next week.
7He also advised the Tribunal that once the Parties were satisfied with the revised submissions, the Appellant could proceed with signing the Site Plan Agreement and merging title as required.
8Ms. Lidakis confirmed to the Tribunal that Conditions 2 and 3 from the previous Order had been met, and was in agreement with Mr. Heisey’s submission on the balance of the conditions.
9On consent of the Parties, a further TCC was scheduled with counsel to confirm that all Parties are satisfied and that a Final Order may be issued.
ORDER
10The Tribunal directs that a TCC for a Status Hearing be scheduled for Tuesday, November 9, 2021 at 9 a.m. with counsel to confirm that all Parties are satisfied and that a Final Order may be issued.
11Individuals are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 1006967# to be connected to the call. It is the responsibility of the persons participating in the call to ensure that they are properly connected to the call at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12This Member is not seized, but may assist with case management, schedules permitting.
13No further notice will be given.
“T. Prevedel”
T. PREVEDEL
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.