Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 9, 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: July 26, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Tesmar Holding Inc. (“Appellant”) | M. McDermid |
| City of Vaughan (“City”) | G. Perhar |
| Region of York (“York”) | B. Ogunmefun |
| Magna International Inc. (“Magna”) | A. Skinner |
| Rutherford Land Development Corporation (“Rutherford”) | A. Granato |
| Canadian National Railways (“CNR”) | A. Heisey |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON JULY 26, 2022, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) held by video hearing (“VH”) before the Ontario Land Tribunal (“OLT” or “Tribunal”).
2This matter relates to a proposal by the Appellant (“Tesmar”) for the amendment of the Official Plan (“OPA”) of the City to permit the development of a 30-storey residential building (“Development”) on the lands known municipally as Part of Lot 15, Concession 4 in the City within York, which is the higher tier municipality (“Subject Lands”).
3Magna International Inc. seeks Party status in this proceeding. Magna operates a heavy stamping plant known as Maple Stamping on the lands municipally known as 401 Caldari Road (“Industrial Lands”). The Industrial Lands are located just east of the Subject Lands.
4The Maple Stamping plant, which manufactures equipment parts for the automotive industry, has been operating on the Industrial Lands for over 20 years.
5In 2007, Tesmar applied for Official Plan and Zoning By-law amendments to permit a Phase 1 residential development on a portion of its lands adjacent to those which are subject to these appeals (Tribunal File Numbers PL070347 and PL120974) (the “Phase 1 Appeals”). Magna was granted Party Status in respect of the Phase 1 Appeals, having raised issues with respect to noise and land use compatibility between the proposed sensitive uses and Magna’s heavy industrial use on the Industrial Lands.
6Rutherford also owns lands adjacent to the Subject Lands and seeks Party status. CNR, like Rutherford, is similarly situated with lands nearby and seeks Party status as well.
7As noted, York is the Tier 2 municipality and the approval authority in respect of the Development. Although York is described in the title of proceedings, its counsel sought an Order formally granting Party status ‘out of an abundance of caution’.
8Counsel for the Appellant had no objections to the Party Status requests of Magna, Rutherford, CNR or York and, in light of their obvious respective interests in this matter, the Tribunal determines that these entities be granted Status in this appeal as Parties.
9Although there has been a long-standing relationship, and many past discussions, between the Parties as described by counsel for Tesmar, there have been no advanced settlement discussions to date concerning the resolution of this appeal. The Tribunal encouraged the Parties to consider OLT-facilitated mediation to assist them in due course to explore the possibility of partial or full resolution of the matters in dispute.
10Counsel for all Parties agreed that a second CMC should be scheduled to finalize a Procedural Order (“PO”) including an Issues List therein, and that one month prior to the second CMC a draft PO in agreed form, or a version that sets out any remaining areas of dispute, be delivered to the Tribunal.
11The Tribunal agrees and the second CMC in this proceeding has been scheduled to commence on Monday, November 14, 2022 at 10 a.m. by video hearing.
12Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 687-587-165
13Parties and Participants are asked to access and set up the application well in advance of the event 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
14Persons 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.
15Individuals 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
16The Tribunal Orders as follows:
(a) The following shall be granted Party status in this appeal: Region of York; Magna International Inc.; Rutherford Land Development Corporation; and Canadian National Railways.
(b) The Parties shall submit to the Tribunal at least one month prior to the Second CMC described above in paragraphs [11] to [15] a draft Procedural Order in agreed form and content or, failing such agreement, clearly delineating any matters in dispute.
“William R. Middleton”
william r. middleton
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.