Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 5, 2023
CASE NO(S).:
OLT-22-002608
(Formerly PL170151)
OLT-21-001787
(Formerly PL111184)
OLT-22-002104
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
7553 Islington Holding Inc.
Subject:
Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
“Low Density Residential” and “Open Space”
Proposed Designation:
“Medium Density Residential”
Purpose:
To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17-storeys, inclusive of a 7-storey podium
Property Address/Description:
7553 Islington Avenue and 150 Bruce Street / Part of Block 88, Registered Plan 65M-2059, Lots 4 and 5, Concession 7
Municipality:
City of Vaughan
Approval Authority File No.:
OP.08.017
OLT Lead Case No.:
OLT-22-002608
Legacy Lead Case No.:
PL170151
OLT Case No.:
OLT-22-002608
Legacy Case No.:
PL170151
OLT Case Name:
7553 Islington Holding Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
7553 Islington Holding Inc.
Subject:
Application to amend Zoning By-law No. 1-88, as amended – Neglect of application by the City of Vaughan
Existing Zoning:
“A - Agricultural Zone”, “OS1 - Open Space Conservation Zone” and “R1 9(643) – Residential Zone”
Proposed Zoning:
“RA3 – Apartment Residential Zone” and “OS1 – Open Space Zone” with site specific exceptions
Purpose:
To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17-storeys, inclusive of a 7-storey podium
Municipality:
City of Vaughan
Municipal File No.:
Z.16.022
OLT Lead Case No.:
OLT-22-002608
Legacy Lead Case No.:
PL170151
OLT Case No.:
OLT-22-002611
Legacy Case No.:
PL170152
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
1042710 Ontario Limited (aka Royal Centre)
Appellant:
1096818 Ontario Inc.
Appellant:
11333 Dufferin St et al
Appellant:
1191621 Ontario Inc.; and others
Subject:
Failure to announce a decision respecting Proposed Official Plan Amendment No. New Official Plan
Municipality:
City of Vaughan
OLT Lead Case No.:
OLT-21-001787
Legacy Lead Case No.:
PL111184
OLT Case No.:
OLT-21-001787
Legacy Case No.:
PL111184
OLT Case Name:
Duca v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
L. D’Aversa
Appellant:
A.G.A. Holdings Inc.
Appellant:
ALM Property Management Inc.; and others
Subject:
Comprehensive Zoning By-law No. 001-2021
Description:
Comprehensive Zoning By-law for all lands in the City of Vaughan
Municipality:
City of Vaughan
OLT Case No.:
OLT-22-002104
OLT Lead Case No.:
OLT-22-002104
OLT Case Name:
D’Aversa v. Vaughan (City)
Heard:
December 5, 2022 by Video hearing
APPEARANCES:
Parties
Counsel
7553 Islington Holding Inc.
Patrick Harrington Matthew Helfand
City of Vaughan
Effie Lidakis Denise Baker (in absentia)
Regional Municipality of York
No one appeared
Armando Rosano, Elisa Testa Vaughanwood Ratepayers Association
Amber Stewart
Sarno Holdings Corporation
Grace O’Brien Meaghan McDermid (in absentia)
Toronto and Regional Conservation Authority
Tim Duncan
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON DECEMBER 5, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a case management conference (“CMC”) convened to facilitate the Applicant’s appeal being scheduled for a hearing after the matter was revived from a sine die adjournment.
2The Applicant, 7553 Islington Holding Inc.’s appeals under subsection 22(7) and subsection 34(11) of the Planning Act were, with respect to its original applications, to permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17-storeys, inclusive of a 7-storey podium at 7553 Islington Avenue and 150 Bruce Street / Part of Block 88, Registered Plan 65M-2059, Lots 4 and 5, Concession 7, City of Vaughan (“City”).
3Patrick Harrington, counsel for the Applicant/Appellant provided a status update and an agenda that outlined the City’s and the Appellant’s requests for the consolidation of a site specific appeal against the City’s Comprehensive Zoning By-law No. 001-2021, Tribunal case No.OLT-22-002104, appeal No. 002750 (“CZBL appeal”) with these proceedings OLT-22-002608 (“OLT2608 appeal”); the approval of the Draft Procedural Order with Issues List; and fixing the matter for a three week hearing.
CONSOLIDATION
4Mr. Harrington stated that in order to maximize efficiencies and to avoid inconsistency in decision making, the CZBL appeal, which is a site specific appeal made to the City’s ZBL No. 001-2021, should be consolidated with the current proceedings. The main parties remain the same, as are the issues and facts between them. This is in order that all relevant matters are disposed of at the consolidated proceedings.
5Effie Lidakis, counsel for the City concurred and emphasized that she had written to all parties in these proceedings on the proposed consolidation and had not received any objections. The Tribunal verified this with all counsel present at the CMC. Ms. Lidakis further informed the Tribunal that parties in the CZBL appeal have also not made any objections to the proposed consolidation. She added that a consolidation would allow the parties in the consolidated proceeding to efficiently determine and dispose of the matters and would be determinative of the Applicant’s interests in the CZBL appeal. The disposition of the consolidated proceeding would be on a site specific basis only and without prejudice to the disposition of any other appeals in the CZBL appeal proceeding.
6The Tribunal finds that there are no objections from any party. The consolidation policy is to avoid a multiplicity of proceedings, avoid inconsistent decisions and to save expense. In balancing the interests of expediency and convenience with potential prejudice to others, the Tribunal finds that no prejudice is caused to any party. The CZBL appeal will be consolidated with the OLT2608 appeals.
DRAFT PROCEDURAL ORDER/ISSUES LIST/HEARING DATES
7The Appellant’s Draft Procedural Order and Issues List was circulated to parties. The hearing of these matters will occur in two phases. Parties will continue to scope the listed issues and have requested a three-week hearing for the matter in Phase 1 in light of the proposed issues and number of witnesses. The Tribunal will schedule a 15-day hearing and directs parties to forward the Procedural Order with the deadlines filled in, together with the issues list to the Case Coordinator within three weeks of this CMC.
8Subsequent to the release of the Tribunal’s Decision/Order on Phase 1 the Tribunal will convene a further case management conference to determine the commencement date, length of hearing, issues and procedural matters associated with a Phase 2 hearing if, as a result of the Tribunal’s Decision/Order on Phase 1, a Phase 2 hearing is still necessary.
MEDIATION
9Counsel expressed measured hope for settlement discussions in the coming months after fixing the hearing dates, “Hope Springs Eternal” Mr. Harrington noted.
HEARING DETAILS
10A fifteen (15) day hearing for Phase 1 is fixed to commence at 10 a.m. from Tuesday, November 14, 2023 to Wednesday, December 6, 2023 by video hearing. The Tribunal will not sit on November 27 and 28, 2023.
11Parties 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/914098901
Access code: 914-098-901
12Parties 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
13Persons 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. Access code is 914-098-901.
14Individuals 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
15The Tribunal Orders that:
the Applicant’s appeal against Comprehensive Zoning By-law No. 001-2021, assigned Tribunal Case No. OLT-22-002104 appeal No.002750, is hereby consolidated with OLT-22-002608.
the Parties shall forward a Procedural Order with deadlines filled in together with the Issues List to the Case Coordinator on or before Friday December 23, 2022. The Procedural Order has now been filed and is appended in this order as Attachment A and shall govern the proceedings.
a fifteen (15) day hearing for Phase 1, will commence at 10 a.m. by video hearing from Tuesday, November 14, 2023 to Wednesday, December 6, 2023.
16No further notice will be given.
17The Member is not seized.
“T.F. Ng”
T.F. NG
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.
ATTACHMENT A
OLT-22-002608, OLT-21-001787, OLT-22-002104
ONTARIO LAND TRIBUNAL
The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal are both 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:
7553 Islington Holding Inc.
Subject:
Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment
Existing Designation:
“Low Density Residential” and “Open Space”
Proposed Designation:
“Medium Density Residential”
Purpose:
To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17 storeys, inclusive of a 7-storey podium
Property Address/Description:
7553 Islington Avenue & 150 Bruce Street/ Part of Block 88, Registered Plan 65M-2059, Lots 4 and 5, Concession 7
Municipality:
City of Vaughan
Approval Authority File No.:
OP.08.017
OMB Case No.:
OLT-22-002608 (formerly PL170151)
OMB File No.:
OLT-22-002608 (formerly PL170151)
OMB Case Name
7553 Islington Holding Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
7553 Islington Holding Inc.
Subject:
Application to amend Zoning By-law No. 1-88, as amended – Neglect of application by the City of Vaughan
Existing Zoning:
“A – Agricultural Zone”, “OS1 – Open Space Conservation Zone” and “R1 9(643) – Residential Zone”
Proposed Zoning:
“RA3 – Apartment Residential Zone” and “OS1 – Open Space Zone” with site specific exceptions
Purpose:
To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17 storeys, inclusive of a 7-storey podium
Property Address/Description:
7553 Islington Avenue & 150 Bruce Street/ Part of Block88, Registered Plan 65M-2059, Lots 4 and 5, Concession 7
Municipality:
City of Vaughan
Municipality File No.:
Z.16.022
OMB Case No.:
OLT-22-002608 (formerly PL170151)
OMB File No.:
OLT-22-002611 (formerly PL170152)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
1042710 Ontario Limited
Appellant:
1096818 Ontario Inc.
Appellant:
11333 Dufferin St et al
Appellant:
1191621 Ontario Inc.; and others
Subject:
Failure to announce a decision respecting Proposed New Official Plan
Municipality:
City of Vaughan
OMB Case No.:
OLT-21-001787 (formerly PL111184)
OMB File No.:
OLT-21-001787 (formerly PL111184)
OMB Case Name:
Duca v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
7553 Islington Holding Inc
Subject:
Comprehensive Zoning By-law No. 001-2021
Description:
Comprehensive Zoning By-law for all lands in the City of Vaughan
Municipality:
City of Vaughan
OLT Case No.:
OLT-22-002104
OLT Appeal No.:
002750
PROCEDURAL ORDER
Phasing
- This hearing shall occur in two phases:
a. Phase 1 shall commence by video hearing on November 14, 2023 at 10:00 a.m. The Tribunal will not be sitting for this matter on November 27 or November 28th.
GoTo Meeting: https://global.gotomeeting.com/join/914098901
Access code: 914-098-901
b. The parties’ 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.
c. Subsequent to the release of the Tribunal’s Decision/Order on Phase 1 the Tribunal will convene a further case management conference to determine the commencement date, length of hearing, issues and procedural matters associated with a Phase 2 hearing if, as a result of the Tribunal’s Decision/Order on Phase 1, a Phase 2 hearing is necessary.
- The balance of this Procedural Order shall govern the Phase 1 hearing only.
Organization of the 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.
The parties and participants identified at the case management conference as having an interest in the Phase 1 proceedings are set out in Attachment 2.
The order of evidence for the Phase 1 hearing shall be as set out in Attachment 3 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.
The issues are set out in the Issues List attached as Attachment 4. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
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 (OLT | Video Hearing Guide (gov.on.ca)).
Requirements Before the Hearing
The applicant has appealed with respect to the proposal that was submitted to the City in July 2019. If the applicant intends to seek approval of a revised proposal at the hearing, or intends to rely on any new reports, the applicant shall provide copies of any revised proposal including the revised plans and drawings, and revised reports, to the other parties on or before May 18, 2023. The applicant acknowledges that the parties may revise the issues list to delete, modify or add any new issues that may arise as a result of such a resubmission. Further the applicant acknowledges that revisions to the plans without the consent of the City may result in a request to the Tribunal for an adjournment of the hearing.
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 July 17, 2023 for the Applicant/Appellant and August 16, 2023 for all other parties, and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae, an executed Acknowledgment of Expert’s Duty and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before August 23, 2023 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 Tribunal case co-ordinator on or before August 30, 2023
An expert witness, who has not previously provided an expert witness statement to the other parties, 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 15 below. 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. Expert witnesses who have previously provided an expert witness statement may only provide an addendum to their witness statement, and in such instance, the addendum can only relate to: i) new information that was not known at the time of the previous exchange of witness statements; and ii) the appeal of the Comprehensive Zoning By-law No. 001-2021 which is consolidated into this appeal proceeding.
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 15 below. 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 15 below.
The parties shall provide copies of their witness and expert witness statements and/or expert reports to the other parties and to the Tribunal case co-ordinator and in accordance with paragraph 23 below, as follows: on or before September 15, 2023 for the Applicant/Appellant; and on or before October 13, 2023 for all other parties.
On or before October 13, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before October 30, 2023, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The Applicant/Appellant may provide to all other parties and the Tribunal case co-ordinator a proper – i.e. "true"1 – reply to any written evidence within fourteen (14) days after the evidence is received, being October 27, 2023, and in accordance with paragraph 23 below.
The parties shall cooperate to prepare a joint document book with the cost to be borne by the parties, determined by the number of copies required, which shall be shared with the Tribunal case co-ordinator on or before November 3, 2023.
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 day before the Tribunal hears the motion.
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 that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 3, 2023 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filing 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 email shall be governed by the 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.
ATTACHMENT 1 SUMMARY OF DATES
DATE
EVENT
May 18, 2023
Last date to provide copies of revised proposal, including all revised plans and drawings (if any), and revised reports
July 17, 2023
Applicant’s exchange of witness lists (names, disciplines and order to be called)
August 16, 2023
Other Parties’ exchange of witness lists (names, disciplines and order to be called)
August 23, 2023
Experts meeting prior to this date, if such meeting occurs
August 30, 2023
Agreed Statement of Facts, if meeting occurs and matters agreed to
September 15, 2023
Exchange of Appellant’s Witness Statements, summoned witness outlines, and Expert Reports
October 13, 2023
Exchange of Other Parties’ Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
October 27, 2023
Reply evidence
October 30, 2023
Exchange of visual evidence (if any)
November 3, 2023
Draft hearing plan filed with the Tribunal
November 3, 2023
Finalize Joint Document Book
November 14, 2023
Hearing commences
Attachment 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 2
PHASE 1 - PARTIES AND PARTICIPANTS
Parties
7553 Islington Holding Inc.
City of Vaughan
The Regional Municipality of York (will not be partaking in Phase 1)
Toronto and Region Conservation Authority
Sarno Holdings Corporation
Elisa Testa
Armando Rosano
Vaughanwood Ratepayers Association
Participants
West Woodbridge Homeowners Association Inc.
Erminia Lombardi
Marie Imposimato
Joseph Villamagna
Francis Bowkett
Michael Quagliotto
Peter Quinto
Joanne Martellacci
James Coburn
Corrado and Caterina Di Iorio
Fiorella and Renato Rossi
Cesare and Maria De Filviis
Innocente and Chiara Baccellieri
Guerrino and Giuseppina Candiotto
Nabil Shanouda
Nello and Carmen Zuech
Tony Varriano
Afshin Sadri
ATTACHMENT 3
PHASE 1 - ORDER OF EVIDENCE
7553 Islington Holding Inc.
Other parties in support of 7553 Islington Holding Inc.
City of Vaughan
Toronto and Region Conservation Authority.
Other parties in opposition to the applications/appeals.
7553 Islington Holding Inc. (in reply).
ATTACHMENT 4
PHASE 1 - ISSUES LIST
NOTE: The identification of an issue does not mean that all parties agree that such issue, or the manner in which the issue is expressed, is appropriate or relevant to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal will be a matter of evidence and argument at the hearing. Notwithstanding the foregoing, the parties acknowledge and agree that none of the issues below may or shall be objected to by any other party as an issue not properly before the Tribunal for adjudication at the Phase 1 stage of the hearing of this appeal.
Issues of the City of Vaughan and the Toronto and Region Conservation Authority
- What are the natural features and natural hazards that are present on the subject site?
a. Have their limits been appropriately delineated?
b. Will their functions be negatively impacted by the proposed development?
c. Are portions of the proposed development designated as natural heritage system?
- With respect to the identified natural hazards on the site:
a. Have their limits been appropriately delineated?
b. Have appropriate setbacks been included in the proposed development?
c. Is there reasonable safe access to the proposed development?
Which lands within and beyond the subject lands are appropriate to be included in an Environmental Impact Study in order to adequately assess the natural area features?
Are there woodland areas, valleyland areas and wildlife habitat located on the subject lands and surrounding areas and, if so, can they be considered “significant woodlands”, “significant valleylands”, or "significant wildlife habitat" as defined in the 2020 Provincial Policy Statement, the 2019 Growth Plan, the Region of York Official Plan, and the City of Vaughan Official Plan?
Does the proposed development and site alteration ensure proper conservation of lands and allow for protection of, if any, natural hazards and ecological features?
Is the proposed development consistent with the 2020 Provincial Policy Statement, including but not limited to Policies 1.1.1c), 1.1.3.4, 2.1.1, 2.1.2, 2.1.5, 2.1.5b), 2.1.5c), 2.1.5d), 3.1.1b) and 3.1.2 and the applicable definitions therein?
Is the proposed development in conformity with the 2019 Growth Plan for the Greater Golden Horseshoe, including but not limited to Policies 2.2.1.3d) and 4.2.2?
Is the proposed development in conformity with the 2010 York Region Official Plan, including the Chapter 2 Sustainable Natural Environment policies?
Is the proposed development in conformity with the environment related policies of Vaughan OPA 240 (Woodbridge Community Plan), as amended by OPA 269, including Section 3.4.9, Residential Specific polices and Section 6.1 Open Space policies?
Is the proposed development in conformity with Section 2.2.2 Natural Areas and Countryside policies, Section 3 Environment policies and Section 9.2.2.16 Natural Areas designation policies of the 2010 City of Vaughan Official Plan?
Does the proposed development have appropriate regard for the TRCA’s 2014 Living City Policies for Planning and Development in Watersheds?
Does the proposed grading on the subject lands impact adjacent lands and, if yes, what is the impact?
Does the City of Vaughan Comprehensive Zoning By-law propose appropriate zoning categories and restrictions for the site? If not, what site-specific amendments are needed?