Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 20, 2023
CASE NO(S).: OLT–22-004429
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Franden Holdings Ltd. Appellant: Tony and Dom’s Limited Appellant: Doughton Residences Corp. Subject: Zoning By-law Amendment Description: To permit a high-rise residential development consisting of two (47- and 49-storey) residential towers Reference Number: Z.20.013 Property Address: 216 & 220 Doughton Road Municipality/UT: City of Vaughan/York Region OLT Case No: OLT-22-004429 OLT Lead Case No: OLT-22-004429 OLT Case Name: Franden Holdings Ltd. v. Vaughan (City)
Heard: February 7, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Vaughan | C. Tashos |
| Doughton Residences Corp. | N. Ast D. Artenosi (in absentia) |
| Tony & Dom’s Limited | G. O’Brien M. McDermid |
| Franden Holdings Inc. | M. Helfand L. Longo (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY BRYAN W. TUCKEY ON FEBRUARY 7, 2023 AND ORDER OF THE TRIBUNAL
1The Ontario Land Tribunal (“Tribunal”) convened the first Case Management Conference (“CMC”) by Video Hearing for the above-noted file. There are two appeals pursuant to s. 34(19) of the Planning Act against the approval by the City of Vaughan’s (“City”) approval of Zoning By-law No. 155-–2022 (“ZBL 155-2022”).
2The effect of ZBL 155-2022 Is to enact site-specific zone provisions for lands owned by Doughton Residence Corp. (“Applicant”) known municipally as 216 and 220 Doughton Road in the City (“subject lands”).
3The effect of ZBL 155-2022 is to permit a high-rise residential development consisting of two towers that are 47 and 49 storeys in height, with 1,115 residential units including a four-storey podium integrated with community space, amenity, and lobby areas. The proposal includes townhouse units at grade and four levels of underground parking accessed from Doughton Road.
4The Affidavit of Service sworn January 3, 2023, is marked as Exhibit 1. No further notice is required.
5There are two registered appellants to ZBL 155-2022, represented by counsel at this CMC:
a. Tony & Dom’s Limited – 190 Doughton Road;
b. Franden Holdings Inc – 215 Doughton Road.
6There are no additional requests for Party or Participant status with respect to this matter.
7Ms. Tashos, Counsel for the City, advised the Tribunal that all Parties have had discussions with respect to a possible settlement or a reduction in issues to be found in a Procedural Order (“PO”) Issues List, and noted that these discussions will continue. With that in mind, Ms. Tashos requested that the Tribunal schedule a second CMC with respect to this matter. All Parties consented to this request. The Tribunal agrees.
8Ms. Tashos also requested that the Tribunal set April 28, 2023 as the final date for all Parties to submit Issues for the PO Issues List to the City and all other Parties if the matter is unable to be settled and a Merit Hearing is required. The Tribunal agrees.
9Ms. Ast, Counsel for the Applicant, noted that there is an appeal before the Tribunal in respect of the Official Plan Amendment (“OPA”) to implement the proposed development on the subject lands (Tribunal File No. OLT-22-004391). The City Implementing By-law for the OPA is By-law No. 156-2022. She advised the Tribunal that the Applicant will be seeking to consolidate the two Tribunal files at the next CMC, in keeping with Rule 16 of the Ontario Land Tribunal’s Rules of Practice and Procedure.
10The Parties are aware of the availability of Tribunal-led mediation. Parties understand that they may request this mediation at their convenience.
TRIBUNAL DISPOSITION
11The Tribunal is prepared to schedule a full-day CMC to commence on Thursday, May 25, 2023 at 10 a.m.
12The Tribunal directs, should the matter not be settled, all Parties to submit their issues for the PO Issues List no later than 4:30 p.m., Friday April 28, 2023.
13The purpose of the May 2023 CMC is to:
a. determine if there is a path to settlement in this matter;
b. deal with a request to consolidate Tribunal files OLT-22-004429 and OLT-22-004391;
c. review and approve a PO and schedule a Hearing on the merits; and
d. other matters determined by Counsel or the Tribunal.
CASE MANAGEMENT CONFERENCE TECHNICAL DETAILS
14A full-day CMC will convene, by Video Hearing, on Thursday May 25, 2023 at 10 a.m.
15Parties are asked to log in to 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/709076365 Access code: 709-076-365
16Parties 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.
17Persons 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 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 709-076-365.
18Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
19Accordingly, the Tribunal Orders:
20A full-day Case Management Conference will convene on Thursday, May 25, 2023.
21No further notice will be given.
22The Member is not seized.
“BRYAN W. TUCKEY”
BRYAN W. TUCKEY
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.