Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 1, 2022
CASE NO(S).:
OLT-22-002653
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Tesmar Holding Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of a 30-storey residential building in Phase 2
Reference Number:
OP.21.020
Property Address:
Part of Lot 15, Concession 4
Municipality/UT:
Vaughan/York
OLT Case No:
OLT-22-002653
OLT Lead Case No:
OLT-22-002653
OLT Case Name:
Tesmar Holdings Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Tesmar Holding Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a 30-storey residential building in Phase 2
Reference Number:
Z.21.041
Property Address:
Part of Lot 15, Concession 4
Municipality/UT:
Vaughan/York
OLT Case No:
OLT-22-002655
OLT Lead Case No:
OLT-22-002653
Heard:
November 14, 2022, by Video Hearing
APPEARANCES:
Parties
Counsel
Tesmar Holding Inc.
M. McDermid
Canadian National Railways
A. Heisey
Rutherford Land Development Corporation
A. Whyte
Magna International Inc.
A. Skinner
Region of York
B. Ogunmefun
City of Vaughan
R. Kehar (B. Engle in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON NOVEMBER 14, 2022 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal relates to a proposal by Tesmar Holding Inc. (“Appellant”) to amend the Official Plan (“OPA”) of the City of Vaughan (“City”) to permit the development of a 30-storey residential building on the lands municipally known as Part of Lot 15, Concession 4 (“Subject Property”) in the City within York Region (“Region”).
2This was the second Case Management Conference (“CMC”) to update the Tribunal on the issues related to the Issues List that was not agreed upon by all Parties.
3Parties had advised the Tribunal that they are working together to further refine the Issues List for it to become more specific.
4Parties were canvased by the Tribunal on the area of expertise of the witnesses that will be presenting the evidence at the hearing. Counsel has indicated that those issues are related to noise, transportation, planning and urban design.
CMC, PROCEDURAL ORDER, ISSUES LIST AND HEARING EVENT
5Parties have requested a 4-week hearing and a final CMC to be held in March of 2023. The Tribunal has directed the Parties to submit the Issues List and the complete draft Procedural Order (“PO”) within seven days from the issuance of this decision.
6The Tribunal agrees and the third CMC in this proceeding has been scheduled to commence on Monday, March 20, 2023 at 10 a.m. by video hearing to finalize the PO.
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7Furthermore, the merits hearing has been scheduled to commence on Monday, July 31, 2023 at 10 a.m. by video hearing.
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8Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
9Parties and Participants are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available at: https://app.gotomeeting.com/home.html
10Persons 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, provided above.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
12The Tribunal orders that a third CMC is scheduled to commence at 10:00 a.m. on Monday, March 20, 2023.
13The Tribunal further orders that the merits hearing is scheduled to commence at 10:00 a.m. on Monday, July 31, 2023 for 4 weeks.
14Parties are to submit a final Issues List within one week of this CMC and Parties are to provide the Tribunal with the updated Procedural Order for approval.
15There will be no further notice and this Member is not seized but may be available for case management purposes should scheduling permit.
“P. Tomilin”
P. tomilin
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.