Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 7, 2021
CASE NO(S).: PL200219
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dufcen Construction Inc.
Subject: Request to amend the Official Plan - Failure of City of Vaughan to adopt the requested amendment
Existing Designation: Community Commercial Mixed Use
Proposed Designated: Mid-Rise Residential
Purpose: To permit a 582 unit apartment and stacked townhouse residential development
Property Address/Description: 7850 Dufferin Street
Municipality: City of Vaughan
Approval Authority File No.: OP.17.013
LPAT Case No.: PL200219
LPAT File No.: PL200219
LPAT Case Name: Dufcen Construction Inc. v. Vaughan (City.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dufcen Construction inc.
Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of City of Vaughan to make a decision
Existing Zoning: C7 Service Commercial
Proposed Zoning: RM2 Multiple Residential and RA3 Residential Apartment
Purpose: To permit a 582 unit apartment and stacked townhouse residential development
Property Address/Description: 7850 Dufferin Street
Municipality: City of Vaughan
Municipality File No.: Z.17.013
LPAT Case No.: PL200219
LPAT File No.: PL200220
Case Name: Dufcen Construction Inc. v. Vaughan (City.)
BEFORE:
M.A. SILLS
Monday, the 7^h^
VICE-CHAIR
day of June, 2021
THE TRIBUNAL ORDERS that the Procedural Order, attached hereto as Appendix “1” shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing scheduled to commence on Tuesday, June 22, 2021 at 10:00 a.m. by Videoconference at https://global.gotomeeting.com/join/521424325. The length of the hearing will be 8 days. This Procedural Order replaces and rescinds the Procedural Order issued on March 8, 2021.
“Becky Fong”
BECKY FONG
REGISTRAR
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.
APPENDIX 1
ISSUE DATE: June 4, 2021 CASE NO(S).: PL200219
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dufcen Construction Inc.
Subject: Request to amend the Official Plan - Failure of City of Vaughan to adopt the requested amendment
Existing Designation: Community Commercial Mixed Use
Proposed Designated: Mid-Rise Residential
Purpose: To permit a 582 unit apartment and stacked townhouse residential development
Property Address/Description: 7850 Dufferin Street
Municipality: City of Vaughan
Approval Authority File No.: OP.17.013
LPAT Case No.: PL200219
LPAT File No.: PL200219
LPAT Case Name: Dufcen Construction Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Dufcen Construction Inc.
Subject: Application to amend Zoning By-law No. 1-88 - Refusal or neglect of City of Vaughan to make a decision
Existing Zoning: C7 Service Commercial
Proposed Zoning: RM2 Multiple Residential and RA3 Residential Apartment
Purpose: To permit a 582 unit apartment and stacked townhouse residential development
Property Address/Description: 7850 Dufferin Street
Municipality: City of Vaughan
Municipality File No.: Z.17.040
LPAT Case No.: PL200219
LPAT File No.: PL200220
PROCEDURAL ORDER
The Tribunal Orders that:
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The video hearing will begin on June 22, 2021 at 10:00 am and end on July 2, 2021 via video conference. Video conference details are as follows:
https://global.gotomeeting.com/join/521424325
Access code: 521 424 325
Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: 1 888 299 1889 or +1 (647) 497-9373. The access code is 521 424 325.
No further notice will be given.
The parties’ initial estimation for the length of the hearing is 8 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
A final case management conference shall be scheduled for June 1, 2021 at 9:00 am via telephone conference for a status update for the hearing, to scope issues and evidence for the hearing, and to refine and finalize the work plan for the hearing. The conference call details are as follows:
416-212-8012 or Toll Free 1-866-633-0848
Access code: 1006967#
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible - ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website (https://olt.gov.on.ca/tribunals/lpat/).
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before March 24, 2021 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before April 23, 2021 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the LPAT case co-ordinator on or before June 11, 2021.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided on May 7, 2021. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence on or before April 23, 2021. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence on or before April 23, 2021.
On or before May 7, 2021 , the parties shall provide copies of their expert witness statements to the other parties and to the LPAT case co-ordinator and in accordance with paragraph 22 below.
On or before June 17, 2021, the parties shall provide copies of their visual evidence to all of the other parties in accordance with section 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the LPAT case co-ordinator a written response to any written evidence on or before June 11, 2021, and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the LPAT case co-ordinator on or before June 17, 2021.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the LPAT case co-ordinator, on or before 7:00 p.m. the night before a witness is to be cross-examined.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 17, 2021 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The parties shall prepare and file a final hearing plan prior to the further case management conference outlined in section 5 above. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filing shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
____________________________
TRIBUNAL REGISTRAR
Attachment to Sample Procedural Order
Meaning of terms used in the Procedural Order:
Party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. If an unincorporated group wishes to become a party, it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer, and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual, group or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Subsection 33.2 of the Local Planning Appeal Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’
opinions on those issues and the complete reasons for the opinions and (5) a list of reports that the witness will rely on at the hearing.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant wishes to address and the submission of the participant on those issues; and a list of reports, if any, which the participant wishes to refer to in their statement.
Additional Information
Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties. (See Rule 13 on the summons procedure.) If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.
The order of examination of witnesses: is usually direct examination, cross-examination and re-examination in the following way:
- direct examination by the party presenting the witness;
- direct examination by any party of similar interest, in the manner determined by the Tribunal;
- cross-examination by parties of opposite interest;
- re-examination by the party presenting the witness; or
- another order of examination mutually agreed among the parties or directed by the Tribunal.
ATTACHMENT 1
LIST OF PARTIES
PARTIES TO LPAT FILE PL200219
Appellant/Party
Name
Lawyer/Agent
Email Address
Appellant
Dufcen Construction Inc.
Gerard C. Borean
Party
City of Vaughan
Gurnick Perhar
Party
Regional Municipality of York
Bola Ogunmefun
Samantha Foster
Party
7818 Dufferin Inc.
Eileen Costello and
John Pappas
Party
Brownridge Ratepayers Association
Mario Racco
ATTACHMENT 2
CONSOLIDATED ISSUES LIST
NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.
Policy
Do the proposed OPA and ZBA have regard to relevant matters of provincial interest under section 2 of the Planning Act?
Are the proposed OPA and ZBA consistent with the Provincial Policy Statement 2020, including but not limited to, sections 1.1.1(e), 1.1.3.2, 1.1.3.3, 1.1.3.4, 1.1.3.6, 1.1.3.7, 1.4.3, 1.6.3(a), 1.6.6.1(d), 1.6.6.7(a), (d), (e) and (f), 1.6.7.4, 1.6.8.3, 3.1.7(a), (b), (c), and (d), and 4.6.
Are the proposed OPA and ZBA in conformity with the A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019 (Office Consolidation August 2020), including but not limited to, sections 1.2.1, 2.2.1.4 (a), (d), and (e), 2.2.4, 2.2.4.10, 2.2.6, 3.2.7.1(d), and 3.2.7.2(a), (b) and (c)?
Do the proposed OPA and ZBA conform with the York Region Official Plan 2010, including but not limited to, policies 1.2.1, 1.2.3, 2.3.24, 2.3.27, 2.3.24, 2.3.27, 2.3.41, 3.5, 4.2.6, 5.3, 5.4, 7.2.53, and 7.3.2?
Do the proposed OPA and ZBA conform with the City of Vaughan Official Plan, including but not limited to, policies 1.5, 2.1.3, 2.1.3.2, 2.2.1.1, 2.2.1.2, 2.2.3, 2.2.5, 3.6.3, 3.6.4, 3.6.6, 4.2.1, 4.2.3. 4.3.3, 7.3.1, 7.3.2, 9.1.1, 9.1.2.1, 9.1.2.7, 9.2.2.3, 9.2.2.8, 9.2.3.3, 9.2.3.5, 10.1.1.28, 10.1.1.30, 10.1.2.9 and 10.1.2.20?
Do the Proposed ZBA setbacks respect the requirements of the Province to maintain applicable hydro line clearance requirements?
Design
Do the proposed OPA and ZBA conform with Centre Street Urban Design Guidelines (2013) urban design framework and the Gateway center character rea, and the City-Wide Urban Design Guidelines (2018)?
Is the proposed built form appropriate, specifically the proposed heights, densities, form, massing, streetwall heights, bulk, scale, siting, setbacks and spacing considering the site, the policy context, and the character of the surrounding lands?
Does the Proposal establish an appropriate relationship to the public realm and to abutting properties?
Transportation
Does the Proposal provide for appropriate vehicular and pedestrian access to the site (including in relation to adjacent streets, neighboring properties and the adjacent hydro corridor/open space lands)?
Is the existing or planned transportation system, consisting of local and regional roads, easements, private driveway, transit service, pedestrian and cycling facilities, adequate to support the proposed development? If not, what improvements are required, and should the improvements be completed prior to considering approval of the proposed amendment?
Does the Traffic Impact Study submitted by the applicant (the “TIS”) in respect of the OPA and ZBA appropriately address the transportation infrastructure needs of the proposed development?
Is the proposed access to the signalized intersection at Beverly Glen Boulevard appropriate, given that the applicant does not currently own the lands required to facilitate the connection?
Should the TIS be updated to implement a development phasing plan to address the following:
a) The magnitude of the proposed development that can be supported solely by the proposed right-in/right-out onto Dufferin Street in the interim conditions;
b) The timing of the connection to Beverly Glen Drive required to support the full build-out of the proposed development; and
c) Supporting documentation and implementation plan for the proposed connection to Beverly Glen Boulevard
Is the TIS consistent with the Region's Transportation Mobility Plan Guidelines for Development Applications (November 2016)?
Does the Transportation Demand Management Plan provide appropriate transit incentives and measures to achieve an assumed modal split of 40% for the proposed development?
Servicing/Noise
- Are the existing storm and sanitary sewer systems adequate to accommodate the proposed development? If not, are improvements required?
Parks
Is there public parkland on-site which will provide adequate active recreational servicing opportunities/facilities for the proposed development/community and which conforms with Sections 7.3.1 and 7.3.2 of the VOP 2010?
Does the plan satisfactorily address and compensate for impacts on the Patricia Kemp Community Centre including impacts on the adjacent play area?
Land Use Compatibility/Density
Is the proposed residential land use appropriate for the site?
Is the proposed development density appropriate given existing and planned community services and facilities in the area?
Is the proposed density appropriate for the site?
Implementation
- In the event that the Tribunal allows the appeals in whole or in part, should the proposed development be subject to a Holding provision (“H”) to require among other things, completion of site plan to the satisfaction of the City, improvements to storm and sanitary sewers, provision of easements, and implementation of the necessary transportation improvements to facilitate the proposed development?
ATTACHMENT 3
ORDER OF EVIDENCE
Dufcen Construction Inc.
City of Vaughan
Regional Municipality of York
7818 Dufferin Inc.
Brownridge Ratepayers Association