Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 23, 2023
CASE NO(S).: OLT-22-002104
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1042710 Ontario Limited (aka Royal Centre) Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch Appellant: 1150 Centre Street GP Inc. Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. and others
Subject: Zoning By-law Description: New City-wide comprehensive zoning by-law Reference Number: By-law 001-2021 Property Address: City Wide Municipality/UT: Vaughan/York OLT Case No: OLT-22-002104 OLT Lead Case No: OLT-22-002104 OLT Case Name: D'Aversa v. Vaughan (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 1042710 Ontario Limited (aka Royal Centre) Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch Appellant: 1150 Centre Street GP Inc. Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. and others
Subject: Zoning By-law Description: Transitional by-law Reference Number: By-law 039-2022 Property Address: City Wide Municipality/UT: Vaughan/York OLT Case No: OLT-22-003554 OLT Lead Case No: OLT-22-002104
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions pertaining to settlement involving the appeal by Tien de Religion (Appeal No. 002671 to Comprehensive Zoning By-law 001-2021)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions pertaining to settlement involving the appeal by Mosaik Pinewest Inc. (Appeal No. 002760 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004769 to Transition By-law 039-2022)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions pertaining to settlement involving the appeal by Isadan Holdings Limited (Appeal No. 002833 to Comprehensive Zoning By-law 001-2021)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions pertaining to settlement involving the appeal by ZZEN Group of Companies Limited (Appeal No. 002765 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004767 to Transition By-law 039-2022)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan Request for: Request for Directions pertaining to settlement involving the appeal by Market Lane Holdings Inc. (Appeal No. 002664 to Comprehensive Zoning By-law 001-2021)
Heard: October 31, 2023 in writing
APPEARANCES:
Parties City of Vaughan
Counsel Pitman Patterson Candace Tashos Piper Morley Lee English
DECISION DELIVERED BY K.R. ANDREWS AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A summary of the context and prior history of this matter is succinctly set out in a previous Tribunal settlement decision issued August 25, 2023 (D'Aversa v Vaughan (City), 2023 CanLII 78842 (ON LT)), followed by a subsequent settlement decision of the Tribunal issued on November 14, 2023 (D'Aversa v Vaughan (City), 2023 CanLII 109156 (ON LT)). The present written hearing includes the hearing of a similar settlement motion, as well as a request that the Tribunal order those parts of the subject City of Vaughan (the “City”) Comprehensive Zoning By-law 001-2021 (“CZBL”) and related By-law 039-2022 (“Transition By-law”) be deemed to have come into force, regarding those lands for which appeals have been withdrawn, on the day the CZBL and Transition By-laws were passed, respectively, pursuant to s. 34(31) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
2Five settlements (some full settlements and some partial settlements) are currently being considered by the Tribunal through the present City-initiated settlement motion:
Appeal No. 002671 by Tien de Religion in respect of the lands municipally known as 5859 Rutherford Road (full settlement);
Appeal No. 002760 and Appeal No. 004769 by Mosaik Pinewest Inc. in respect of the lands municipally known as 11, 15, 23 and 27 Lansdowne Avenue (partial settlement);
Appeal No. 002833 by Isadan Holdings Limited in respect of the lands municipally known as 221, 231 and 241 Trade Valley Drive and 8765 Highway 50 (full settlement);
Appeal No. 002765 and Appeal No. 004767 by ZZEN Group of Companies Limited in respect of lands municipally known as 150-400 New Huntington Road, 31-91 Conair Parkway, 350-725 Zenway Boulevard, 351-500 New Enterprise Way and 7901-8111 Huntington Road (partial settlement); and
Appeal No. 002664 by Market Lane Holdings Inc. in respect of lands municipally known as 124, 140 and 166 Woodbridge Avenue (full settlement).
3All of the above noted appeals involve an appeal on the basis that the CZBL (and, by association, the related Transition By-law), as initially adopted, fails to recognize previous approvals for the respective Appellants’ Lands, such as an amendment to the preceding City Comprehensive Zoning By-law 1-88 that was either not continued in the CZBL at all or was carried into the CZBL in a Chapter 14 Exception that requires further amendments to appropriately capture the previous approval. In some cases, a consequential amendment to mapping in Schedule A of the CZBL is also required.
4In addition to seeking to resolve the above settlements, the City further requests an order to bring those parts of the CZBL and Transition By-law into force regarding specific lands associated with three other appeals which were withdrawn, namely:
Appeal No. 002711 filed by D’Or Developments Inc. in respect of land municipally known as 10-20 Gatineau Drive;
Appeal Nos. 002765 and 004767 filed by ZZEN Group of Companies Limited as it relates to Exception 1005 in respect of lands municipally known as 8500‐8700 Huntington Road and 8631 Highway 50; and
Appeal Nos. 002773 and Appeal No. 004792 filed by Condor Properties Ltd. as it relates to Exception 336 in respect of lands municipally known as 10-184 Donhill Crescent, 106-510 Westridge Drive, 1-102 Bindertwine Boulevard, 1-187 Weaver Court, 12-77 Donbay Drive, 1-321 Treelawn Boulevard, 1-41 Highland Creek Court, 1-46 North Field Court, 15-32 John Street, 17-91 John Kline Lane, 1-86 Cooperage Road, 20-163 Capner Court, 2-118 Cardish Street, 21-30 Kellam Street, 21-45 Tinsmith Court, 357-376 Stegman's Mill Road, 4630 Langstaff Road, 4699 Rutherford Road, 5-32 Art Drive, 5-81 Pennon Road, 6-245 Camlaren Crescent, 6-99 Napier Street, 8-32 Daleview Court, 8519 Islington Avenue, 8-63 Granary Road, 9-181 Rushworth Crescent, and 9-80 Sevilla Boulevard; and as it relates to Exception 1081 in respect of land municipally known as 10355 Pine Valley Drive.
Decision and order
5The Tribunal confirms that it has received, reviewed and considered the following materials and submissions contained within the Motion Record of the City dated October 19, 2023 (marked as exhibit 35):
i. the Notice of Motion of the City dated October 19, 2023; and
ii. the uncontested opinion evidence of Robert Rappolt, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn October 19, 2023.
6The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Rappolt reflects cooperative efforts and a common interest between the parties to correct a failure to carry forward previous approvals associated with the subject properties into the new CZBL as initially adopted. The Tribunal further understands that Mr. Rappolt’s evidence also supports the uncontested request to bring into force those parts of the CZBL and Transition By-law which affect Lands associated with previously withdrawn appeals.
7The Tribunal accepts the opinion evidence of Mr. Rappolt as presented in his affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform to the A Place to Grow; Growth Plan for the Greater Golden Horseshoe, 2020, the Region of York Official Plan 2010, the Region of York Official Plan 2022 as modified and approved by the Minister of Municipal Affairs and Housing and the City of Vaughan Official Plan, 2010, and otherwise reflect principles of good land use planning.
8THE TRIBUNAL ORDERS that:
The following Orders recorded in this decision and approval of portions of the Comprehensive Zoning By-law 001-2021 as attached hereto as Attachments 1 through 10 are without prejudice to the disposition of any other appeal of the Comprehensive Zoning By-law 001-2021 and any unapproved portions of the Comprehensive Zoning By-law 001-2021, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the City will not take the position that the Tribunal ought not to approve amendments to the Comprehensive Zoning By-law 001-2021 on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Attachments 1 through 10 as brought into force by these Orders. However, this does not affect the City’s right to assert that the Comprehensive Zoning By-law 001-2021, as amended by Attachments 1 through 10 to the extent brought into force by these Orders, should be applied to specific sites or areas without amendments on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans and/or constitutes good planning; and
Notwithstanding the Orders, the Tribunal retains jurisdiction to consider and approve amendments to the Comprehensive Zoning By-law 001-2021 as amended herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.
Tien de Religion (Appeal No. 002671)
- Appeal No. 002671 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Tien de Religion, is allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Attachment 1 to this Order;
b. Schedule A – Map 120 is amended in the form set out in Attachment 2 to this Order;
- In all other respects, the Tribunal orders that Appeal No. 002671 is dismissed.
Mosaik Pinewest Inc. (Appeal Nos. 002760 and 004769)
- Appeal No. 002760 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004769 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Mosaik Pinewest Inc., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.1030 is deleted in its entirety and replaced with a new Exception 14.1030 in the form set out in Attachment 3 to this Order;
b. Schedule A – Maps 45 and 46 are amended in the form set out in Attachment 4 to this Order;
- In all other respects, the appeals as they relate to the lands municipally known as 11, 15, 23 and 27 Lansdowne Avenue, City of Vaughan, Ontario are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.
Isadan Holdings Limited (Appeal No. 002833)
- Appeal No. 002833 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Isadan Holdings Limited, is allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.979 is deleted in its entirety and replaced with a new Exception 14.979 in the form set out in Attachment 5 to this Order;
- In all other respects, the Tribunal orders that Appeal No. 002833 is dismissed.
ZZEN Group of Companies Limited (Appeal Nos. 002765 and 004767)
- Appeal No. 002765 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004767 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by ZZEN Group of Companies Limited, are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.897 is deleted in its entirety and replaced with a new Exception 14.897 in the form set out in Attachment 6 to this Order;
b. Schedule A – Map 42 is amended in the form set out in Attachment 7 to this Order;
- In all other respects, the appeals as they relate to the lands municipally known as 150-400 New Huntington Road, 31-91 Conair Parkway, 350-725 Zenway Boulevard, 351-500 New Enterprise Way, and 7901-8111 Huntington Road, City of Vaughan, Ontario are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.
Market Lane Holdings Inc. (Appeal No. 002664)
- Appeal No. 002664 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Market Lane Holdings Inc., is allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.191 is deleted in its entirety and replaced with a new Exception 14.191 in the form set out in Attachment 8 to this Order;
b. Exception 14.849 is deleted in its entirety and replaced with a new Exception 14.849 in the form set out in Attachment 9 to this Order;
c. Exception 14.1052 is deleted in its entirety and replaced with a new Exception 14.1052 in the form set out in Attachment 10 to this Order;
- In all other respects, the Tribunal orders that Appeal No. 002664 is dismissed.
Re: Withdrawn Appeal Orders
- Pursuant to s. 34(31) of the Planning Act, Comprehensive Zoning By-law 001-2021 is deemed to have come into force on the day it was passed (i.e. October 20, 2021) for the following lands in the City of Vaughan, in respect of which lands the appeals of the Comprehensive Zoning By-law 001-2021 have been withdrawn in writing filed with the Tribunal:
a. 10-20 Gatineau Drive (Appeal No. 002713 filed by D’Or Developments Inc.);
b. 8500‐8700 Huntington Road and 8631 Highway 50 (Appeal No. 002765 filed by ZZEN Group of Companies Limited);
c. 10-184 Donhill Crescent, 106-510 Westridge Drive, 1-102 Bindertwine Boulevard, 1-187 Weaver Court, 12-77 Donbay Drive, 1-321 Treelawn Boulevard, 1-41 Highland Creek Court, 1-46 North Field Court, 15-32 John Street, 17-91 John Kline Lane, 1-86 Cooperage Road, 20-163 Capner Court, 2-118 Cardish Street, 21-30 Kellam Street, 21-45 Tinsmith Court, 357-376 Stegman's Mill Road, 4630 Langstaff Road, 4699 Rutherford Road, 5-32 Art Drive, 5-81 Pennon Road, 6-245 Camlaren Crescent, 6-99 Napier Street, 8-32 Daleview Court, 8519 Islington Avenue, 8-63 Granary Road, 9-181 Rushworth Crescent, 9-80 Sevilla Boulevard and 10355 Pine Valley Drive (Appeal No. 002773 filed by Condor Properties Ltd.).
- Pursuant to s. 34(31) of the Planning Act, By-law No. 039-2022 is deemed to have come into force on the day it was passed (i.e. March 22, 2022) for the following lands in the City of Vaughan, in respect of which lands the appeals of the By-law No. 039-2022 have been withdrawn in writing filed with the Tribunal:
a. 8500‐8700 Huntington Road and 8631 Highway 50 (Appeal No. 002765 filed by ZZEN Group of Companies Limited);
b. 10-184 Donhill Crescent, 106-510 Westridge Drive, 1-102 Bindertwine Boulevard, 1-187 Weaver Court, 12-77 Donbay Drive, 1-321 Treelawn Boulevard, 1-41 Highland Creek Court, 1-46 North Field Court, 15-32 John Street, 17-91 John Kline Lane, 1-86 Cooperage Road, 20-163 Capner Court, 2-118 Cardish Street, 21-30 Kellam Street, 21-45 Tinsmith Court, 357-376 Stegman's Mill Road, 4630 Langstaff Road, 4699 Rutherford Road, 5-32 Art Drive, 5-81 Pennon Road, 6-245 Camlaren Crescent, 6-99 Napier Street, 8-32 Daleview Court, 8519 Islington Avenue, 8-63 Granary Road, 9-181 Rushworth Crescent, 9-80 Sevilla Boulevard and 10355 Pine Valley Drive (Appeal No. 002773 filed by Condor Properties Ltd.)
“K.R. Andrews”
K.R. ANDREWS 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.
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