Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2021
CASE NO(S).: PL171438
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2472498 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of Region of York to adopt the requested amendment
Existing Designation: “Core Area" and "Existing Commercial Area"
Proposed Designated: "Medium Density Residential"
Purpose: To permit the development of 48 stacked townhomes
Property Address/Description: 12765, 12781, and 12789 Keele Street
Municipality: Township of King
Approval Authority File No.: OP-2016-05
LPAT Case No.: PL171438
LPAT File No.: PL171438
LPAT Case Name: 2472498 Ontario Inc. v. York (Region)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2472498 Ontario Inc.
Subject: Application to amend Zoning By-law No By-law 74-53 - Neglect of Region of York to make a decision
Existing Zoning: “Residential Urban (R1)"
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of 48 stacked townhomes
Property Address/Description: 12765, 12781, and 12789 Keele Street
Municipality: Township of King
Municipality File No.: Z-2016-18
LPAT Case No.: PL171438
LPAT File No.: PL171439
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Kathryn Moyle
Subject: Site Plan
Property Address/Description: 12765, 12781, and 12789 Keele Street
Municipality: Township of King
LPAT Case No.: PL171438
LPAT File No.: PL171318
APPEARANCES:
Parties Counsel
2472498 Ontario Inc. I. Tang and K. Butler
Township of King T. Halinski
Region of York S. Foster
Bruno Artenosi Self-represented
Stephanie Artenosi Self-represented
Jessica Ferri M. Ng
Dennis and Bonnie Mooney Self-represented
Daiana Silvestri Self-represented
AMENDING DECISION OF THE TRIBUNAL BY N.P. ROBINSON
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order (“Decision”). The Decision issued on June 15, 2021, is hereby amended by adding to the Appearances section as above, the appearance of Ms. Mandy Ng on behalf of Jessica Ferri.
2The Tribunal has also corrected the Decision under the authority of this rule by replacing Schedule A – the Procedural Order, received by the Tribunal on June 18, 2021 with the corrected date of witness statements. The revised Procedural Order is now attached to this decision.
3In all other respects, the Tribunal’s Decision remains the same.
“N.P. Robinson”
N.P. ROBINSON MEMBER
Ontario Land Tribunal Website: www.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.
PL171438 – Schedule A
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2472498 Ontario Inc.
Subject: Request to amend the Official Plan - Failure of Region of York to adopt the requested amendment
Existing Designation: “Core Area" and "Existing Commercial Area"
Proposed Designated: "Medium Density Residential"
Purpose: To permit the development of 48 stacked townhomes
Property Address/Description: 12765, 12781, and 12789 Keele Street
Municipality: Township of King
Approval Authority File No.: OP-2016-05
LPAT Case No.: PL171438
LPAT File No.: PL171438
LPAT Case Name: 2472498 Ontario Inc. v. York (Region)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2472498 Ontario Inc.
Subject: Application to amend Zoning By-law No By-law 74-53 - Neglect of Region of York to make a decision
Existing Zoning: “Residential Urban (R1)"
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the development of 48 stacked townhomes
Property Address/Description: 12765, 12781, and 12789 Keele Street
Municipality: Township of King
Municipality File No.: Z-2016-18
LPAT Case No.: PL171438
LPAT File No.: PL171439
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: Kathryn Moyle
Subject: Site Plan
Property Address/Description: 12765, 12781, and 12789 Keele Street
Municipality: Township of King
LPAT Case No.: PL171438
LPAT File No.: PL171318
Procedural Order for Video Hearing
- 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 Monday, May 2, 2022 at 10 a.m., concluding on Tuesday, May 24, 2022, with no sitting on May 16, 2022 and May 23, 2022.
GoTo Meeting: https://global.gotomeeting.com/join/565887685
Audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391
Access Code: 565-887-685
The initial estimation for the length of the hearing is 15 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. The procedural order deadlines are generally found in Attachment 1.
A Third Case Management Conference may be held Wednesday, June 9, 2021.
The Parties and Participants identified at the Case Management Conference are set out in Attachment 3 (see Attachment 2 for the meaning of these terms).
Subject to the requirements regarding preparation of preliminary and final issues lists in paragraph 11 below, the issues are set out in the Issues List attached as Attachment 4. There will be no changes to the final 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 5 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
If the Applicant intends to seek approval of a revised proposal at the hearing, the Applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other parties on or before Friday, March 26, 2021.
The parties shall cooperate to prepare a final, consolidated list of issues on or before Thursday, May 13, 2021 and provide same to the Tribunal in accordance with paragraph 25 below. A streamlined issues list shall be provided to the Tribunal on or before Tuesday, June 1, 2021. The final issues list shall be reproduced in Attachment 4.
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 Wednesday, November 3, 2021 and in accordance with paragraph 25 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. Any challenges to the qualifications of a witness to give opinion evidence in the area of expertise proposed should be made by motion in accordance with the Tribunal’s Rules of Practice and Procedure, and notice of same must be served on the other Parties on or before Thursday, November 18, 2021, in which case a further Case Management Conference shall be scheduled as soon as possible after motion materials are filed.
Expert witnesses in the same discipline(s) shall have a meeting on or before Tuesday, February 1, 2022 (90 days before the hearing) 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 coordinator on or before Friday, February 11, 2022 (80 days before the hearing).
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 as in paragraph 16. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same as the delivery of expert witness statements, as in paragraph 16.
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 as in paragraph 16. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 16.
On or before Tuesday, February 22, 2022 (69 days before the hearing) the Parties shall provide copies of their witness and expert witness statements to the other Parties and to the LPAT case coordinator and in accordance with paragraph 25 below.
On or before Tuesday, February 22, 2022 (69 days before the hearing), a Participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 25 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
Parties may provide to all other parties and the LPAT case co-ordinator a written response to any written evidence on or before Monday, March 28, 2022 (35 days before the hearing) and in accordance with paragraph 25 below.
On or before Tuesday, April 19, 2022 (13 days before the hearing), the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan will be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.
On or before Friday, April 22, 2022 (10 days before the hearing), the Parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 25 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the LPAT case co-ordinator on or before Friday, April 22, 2022 (10 days before the hearing).
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 (on or before Monday, April 25, 2022) that the written evidence is not part of their record.
Any documents which may be used by a party in cross examination of an opposing party’s witness are encouraged to be sent to the LPAT case coordinator or as otherwise be directed, on or before Friday, April 29, 2022 (3 days before the hearing). Such documents shall be password protected and only be accessible to the Tribunal and the other Parties if it is introduced as evidence at the hearing. This does not prevent Parties from filing materials for cross-examination after this date to the Tribunal for use at the hearing.
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.
All filings of documents and materials 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 by email shall be governed by the Tribunal’s Rules (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.
Attachment 1 to Procedural Order
Summary of Procedural Dates
EVENT DATE
Last date for Applicant/Appellant to provide copies of revised proposal, including all revised plans and drawings (if any) Friday, March 26, 2021
Final Issues List Thursday, May 13, 2021
Final Procedural Order including Streamlined Issues List to Tribunal Tuesday, June 1, 2021
3rd Case Management Conference (if required) Wednesday, June 9, 2021 at 9:00 am
Parties exchange their Witness Lists (names & disciplines) Wednesday, November 3, 2021
Last date to challenge identification of expert witness (notice of motion) In which case, CMC to be scheduled as soon as possible after motion materials are filed Thursday, November 18, 2021
Meeting of Like Experts On or Before this Date Tuesday, February 1, 2022 (90 days before the hearing)
Agreed Statement of Facts Friday, February 11, 2022 (80 days before the hearing)
Parties exchange their Witness and Expert Witness Statements Participants provide their Participant Statements Tuesday, February 22, 2022 (69 days before the hearing)
Parties exchange their Reply Witness Statements (if any) Monday, March 28, 2022 (35 days before the hearing)
Parties file Hearing Plan Tuesday, April 19, 2022 (13 days before the hearing)
Parties file their Visual Evidence (if any) Friday, April 22, 2022 (10 days before the hearing)
Parties file Joint Document Book Friday, April 22, 2022 (10 days before the hearing)
Last Day for Party to Notify Other Parties If Submitted Written Evidence Not Forming Part of Record Monday, April 25, 2022 (7 days before the hearing)
Cross Examination Documents (Password Protected) Friday, April 29, 2022 (3 days before the hearing)
Hearing May 2 to May 24, 2022 (15 days)
Attachment 2 to 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 3 to Procedural Order
Parties and Participants
Parties
2472498 Ontario Inc. Isaac Tang & Katie Butler Borden Ladner Gervais LLP Bay Adelaide Centre - East Tower 22 Adelaide St West Toronto, ON M5H 4E3 Phone: 416.367.6143 / 416.367.6353 Email: itang@blg.com / kbutler@blg.com
Township of King Tom Halinski Aird & Berlis LLP Brookfield Place 181 Bay St, Suite 1800 Toronto, ON M5J 2T9 Phone: 416.865.7767 Email: thalinski@airdberlis.com
Regional Municipality of York Samantha Foster, Solicitor Regional Municipality of York 17250 Yonge St Newmarket, ON L3Y 6Z1 Phone: 905.830.444 x 71435 Email: samantha.foster@york.ca
Parties in Support of Township and Region
Bruno Artenosi 34 Clearview Heights Phone: 416.450.8227 Email: bruno@develco.ca
Stephanie Artenosi 38 Clearview Heights Phone: 647.285.1255 Email: stephunny00@hotmail.com
Jessica Ferri (54 Patricia Drive) Mandy Ng Loopstra Nixon LLP 135 Queens Plate Drive, Suite 600 Toronto, ON M9W 6V7 Phone: 416.748.4136 Email: mng@loonix.com
Dennis & Bonnie Mooney 30 Clearview Heights Phone: 905.833.5256 Email: dennis.mooney@sympatico.ca; bonniemooney@sympatico.ca
Daiana Silvestri 58 Clearview Heights Phone: 416.723.9755 Email: daianas@icloud.com
Participants
Sandra Ortino 59 Patricia Drive Phone: 416.358.5340 Email: ortinos@rogers.com; sandra.ortino@gowlingwlg.com
Attachment 4 to Procedural Order
FINAL ISSUES LIST (STREAMLINED)
2472498 Ontario Inc. submitted Official Plan Amendment, Zoning By-law Amendment and Site Plan applications to accommodate a condominium building at 12765, 12781 and 12789 Keele Street and 17 Elizabeth Grove, King City (referred to as the “applications”, the “Proposed Development” or the “development proposal”).
NOTE: Identification of an issue on this list does not mean that all parties agree that such an issue, or the manner in which it is expressed, is appropriate or relevant for the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.
PLANNING POLICY
Are the applications consistent with the Provincial Policy Statement, including, without limitation, the following? a. Policy 1.1.1 (a), (b) b. Policy 1.1.3.3 c. Policy 1.1.3.4 d. Policy 1.1.3.6 e. Policy 1.4.3 ?
Do the applications conform with the Growth Plan, including without limitation, the following? a. Policy 2.1 b. Policy 2.2.1.2 (c) c. Policy 2.2.1.4 (a), (c), (e) d. Policy 2.2.2.3 e. Policy 2.2.4.1 to 2.2.4.5 f. Policy 2.2.6.1 (a) i.?
Does the Proposed Development conform with the Oak Ridges Moraine Conservation Plan, including without limitation, Policies 18 (1), (3) and (5)?
Does the Proposed Development conform to the York Region Official Plan, including without limitation, the following? a. Policy 5.2.10 (a) b. Policy 5.3.1 c. Policy 5.3.3 (b) d. Policy 5.3.4 e. Policy 5.6.22?
Does the proposed development appropriately consider the King City Community Plan?
Does the development proposal conform to the Township’s new Official Plan?
LAND USE PLANNING
Are the proposed amendments to the Township’s Zoning By-law appropriate?
Does the proposal have regard to matters of provincial interest as set out in Section 2 of the Planning Act?
Does the Proposed Development constitute good planning?
COMPATIBILITY
Is the residential density proposed appropriate, relative to the overall size of the site and location within the community?
Is the transition in density and scale from the Proposed Development to the adjacent low density, low rise residential neighbourhood appropriate?
Is the built form compatible with the adjacent low density, low rise residential neighbourhood (specifically the neighbourhood to the east) in respect to height, massing, sun/shadow impacts, setbacks, tiering, buffers, landscaping (including what the landscaping is comprised of), privacy impacts, and in locating windows and balconies?
DESIGN / URBAN STRUCTURE
Is the built form appropriate vis-à-vis Keele Street? What impacts, if any, will the proposed development have on the pedestrian realm along Keele Street, and are such impacts appropriate?
Does the proposed development have appropriate regard for the Village Design Policies and King City Village Centre Urban Design Guidelines?
Has the development proposal demonstrated sufficient space for snow storage, setbacks from ground level unit amenity spaces, separation around control manholes and appropriately sized sidewalks?
Has the development proposal appropriately considered sufficient sustainable design features relative to the size and scale of the development?
PARKLAND / COMMUNITY BENEFITS
How should the proposed site design be revised to accommodate required parkland dedication?
Has the development proposal provided a sufficient amount of open landscaped space?
Should the proposal be revised to include additional at-grade open space, including publicly accessible open space? If so, what form should such open space take and be secured?
Should the proposal incorporate community benefits? What form should such benefits take? Should the proposal be revised to incorporate at-grade publicly accessible public art?
TRANSPORTATION / TRAFFIC
Will the development proposal result in unacceptable adverse impacts of traffic or congestion?
What traffic controls, road improvements and widenings would be required to accommodate the development proposal, including any improvements to the adjacent local street network?
Is the proposed site access appropriate? Should the proposed entrance off of Clearview Hts. be removed or otherwise revised to mitigate traffic infiltration into the neighbourhood?
PARKING
- Has the development proposal provided sufficient and appropriate visitor parking?
SERVICING
Has the development proposal demonstrated an acceptable long-term ground water de-watering solution?
Has the development proposal demonstrated that adequate sanitary sewer and water capacity is available?
ENGINEERING
- Have the Township’s Engineering comments been satisfactorily addressed?
PUBLIC AGENCY COMMENTS
Have comments provided by Metrolinx been satisfactorily addressed?
Have the Region of York’s comments regarding the Site Plan been satisfactorily addressed?
OTHER
Is the Proposed Development supported by technical information and reports?
Has the development proposal provided for the clean-up and mitigation plans required to address site contamination matters?
Dennis & Bonnie Mooney only: Setting aside an easement to allow for us to care for and maintain our attached garage as it encroaches upon the eastern boundary of the subject property.
Attachment 5 to Procedural Order
Order of Evidence
- 2472498 Ontario Inc.
- Township of King
- Region of York
- Parties in Support of Township and Region
- 2472498 Ontario Inc. in reply, if any

