Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 07, 2023 CASE NO(S).: OLT-22-004391

OLT-22-004429

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Franden Holdings Ltd. Appellant: Tony and Dom's Limited Applicant: Doughton Residences Corp. Subject: Proposed Official Plan Amendment Description: To facilitate the development of a 46-storey and a 56-storey residential tower with a 4-storey podium Reference Number: OP.20.005 Property Address: 216 and 220 Doughton Road Municipality/UT: Vaughan/York OLT Case No.: OLT-22-004391 OLT Lead Case No.: OLT-22-004391 OLT Case Name: Franden Holdings Ltd. v. Vaughan (City)

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 Applicant: 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: May 25, 2023 by video hearing (“VH”)

APPEARANCES:

Parties	Counsel
Doughton Residences Corp. (“Applicant”)	Daniel Artenosi and Natalie Ast
Franden Holdings Ltd. (“Appellant”)	Matthew Helfand
Tony and Dom’s Limited (“Appellant”)	Grace O’Brien and Michael Cook
City of Vaughan	Candace Tashos
Regional Municipality of York	Did not attend

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON MAY 25, 2023 AND FINAL ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1This is the first Case Management Conference (“CMC”) regarding case number OLT-22-004391, and second CMC regarding case number OLT–22-004429. The cases involve an appeal of the City’s approval of an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”), respectively, which were passed to facilitate construction of a 1,115-unit residential development consisting of 46 and 52-storey towers and townhouses integrated into a four (4)-storey podium at 216 and 220 Doughton Road.

Service of Notice of CMC

2Service of Notice for the first CMC of case number OLT–22-004429 was confirmed at the previous CMC. Regarding case number OLT-22-004391, there was no issue with service of the Notice for the present CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which was marked as Exhibit 2.

Requests for Status

3No one attended the CMC seeking either Party or Participant status for either case.

Consolidation

4At the request of the parties, the Tribunal considered consolidation of the two matters. The parties confirmed that the parties are all the same, the subject matter is the same or very similar, and the evidence to be proffered for both matters is effectively the same. Given these submissions, the Tribunal granted the request.

MEDIATION AND SETTLEMENT

5The Tribunal explored the possibility of mediation and settlement with the parties. The parties confirmed that they have engaged in such discussions, but settlement is not imminent and may be unlikely.

PROCEDURAL ORDER AND ISSUES LIST

6The Tribunal received and reviewed a draft Procedural Order from the parties. The Tribunal finds it acceptable and the proceedings shall be governed by it (see Attachment 1).

HEARING

7Upon request of the parties, the Tribunal set a nine (9)-day hearing commencing on Monday, January 22, 2024 at 10 a.m. by VH. The Tribunal will not sit on Monday, January 29, 2024, and the hearing will conclude on Friday, February 2, 2024. No further Notice is required for the hearing.

8The hearing is scheduled to proceed by video as follows:

GoTo Meeting: https://global.gotomeeting.com/join/709076365

Access code: 709-076-365

9Parties and Participants 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.

10Parties 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: https://app.gotomeeting.com/home.html

11Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.

12Individuals 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

13The Tribunal Orders that:

1. Tribunal case numbers OLT-22-004391 and OLT–22-004429 are hereby consolidated;
2. The date and particulars of the hearing for the consolidated matters are set out above; and
3. The Procedural Order for the consolidated matters is appended as Attachment 1 and shall govern the proceedings;

14The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

“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.

ATTACHMENT 1

ISSUE DATE: CASE NO(S).:

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 Applicant: Doughton Residences Corp. Subject: Zoning By-law Amendment Description: To permit the development of a 46-storey and a 52-storey residential tower with a 4-storey podium 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)

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Franden Holdings Ltd. Appellant: Tony and Dom’s Limited Applicant: Doughton Residences Corp. Subject: Proposed Official Plan Amendment Description: To facilitate the development of a 46-storey and a 52-storey residential tower with a 4-storey podium Reference Number: OP.20.005 Property Address: 216 & 220 Doughton Road Municipality/UT: Vaughan/York OLT Case No.: OLT-22-004391 OLT Lead Case No.: OLT-22-004391 OLT Case Name: Franden Holdings Ltd. v. Vaughan (City)

1. 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.

Organization of the Hearing

2. The video hearing will begin on January 22, 2024 at 10:00 a.m.

3. The parties’ initial estimation for the length of the hearing is 9 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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.

6. The order of evidence 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.

7. 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.

8. 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.

Requirements Before the Hearing

9. 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 September 25, 2023 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

10. Expert witnesses in the same field shall have a meeting on or before November 1, 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 OLT case co-ordinator on or before November 16, 2023.

11. An expert witness 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 13 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.

12. 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 13 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 13 below.

13. On or before December 1, 2023, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

14. On or before December 1, 2023, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

15. On or before December 15, 2023, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

16. On or before January 8, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

17. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fourteen (14) days after the evidence is received and in accordance with paragraph 22 below.

18. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before January 12, 2024.

19. 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 days before the Tribunal hears the motion.

20. 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.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before January 15, 2024 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.

22. All filings shall be submitted electronically 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 by email shall be governed by the Rule 7.

23. 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.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

Attachment 1

List of Parties

City of Vaughan 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Candace Tashos 905-832-8585, ext. 3618 Candace.tashos@vaughan.ca

Doughton Residences Corp. Overland LLP 5255 Yonge Street, Suite 1101 Toronto ON M2N 6P4 Daniel Artenosi / Natalie Ast 416.730.0320 / 416.730.0387 Dartenosi@overlandllp.ca / nast@overlandllp.ca

Tony & Dom’s Limited Davies Howe LLP The Tenth Floor 424 Adelaide Street West Toronto, ON M5V 3C1 Meaghan McDermid / Grace O’Brien 416.263.4514 / 416.623.4507 meaghanm@davieshowe.com / graceo@davieshowe.com

Franden Holdings Inc. Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto, Canada M5J 2T9 Leo Longo / Matthew Helfand 416.865.7778 / 416.865.4624 Llongo@airdberlis.com / mhelfand@airdberlis.com

Attachment 2

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The expert witnesses will discuss the issues identified herein, at the experts meeting set out in Paragraph 10. Where the issues include references to policies, the experts will discuss the possibility for refinement to such policy references, where appropriate. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the OLT.

JOINT ISSUES LIST OF FRANDEN HOLDINGS LTD. and TONY & DOM’S LIMITED

1. Is the proposed development contemplated by Official Plan Amendment 77 and Zoning By-law Amendment 155-2022 (the “Proposed Development”) consistent with Provincial Policy Statement, in particular s.1.1.1, 1.2.1, 1.1.3.4, 1.4.3, 1.5.1 and 1.6.7?

2. Does the Proposed Development conform to the Growth Plan policies, in particular s.1.2.1, 2.2.4, 2.2.6, 3.2.2, 3.2.3?

3. Does the Proposed Development conform to the York Region Official Plan (2010) sections 3.5.4, 5.2.3, 5.2.4, 5.4.20, 5.4.23, 5.4.6 b) & d) and 7.2.5 and 7.2.57?

4. Does the Proposed Development have appropriate regard for the York Region Official Plan (2022) section 6.3, in particular policies, 6.3.1, 6.3.2, 6.3.3 and 6.3.6?

5. Does the Proposed Development conform to the policies contained within Chapter 4 - Transportation of the City of Vaughan’s Official Plan, specifically 4.1.1.6, 4.1.1.7, 4.2.1.5, 4.2.1.6, 4.2.2.19, 4.2.3.3, 4.2.3.6?

6. Does the Proposed Development conform to Sections 3.1, 3.5, 3.6 and 4.0 - Street and Transportation of the VMC Secondary Plan, particularly policies 4.1, 4.3, 4.5?

7. Does the Proposed Development represent an equitable distribution of road share in accordance with policy 4.3.1 of VMC Secondary Plan?

8. Does the proposed road alignment result in inequitable property impacts to adjacent lands?

9. Does the Proposed Development provide for efficient development and land use patterns for the site and surrounding lands?

10. Does the Proposed Development negatively impact the ability for lands situated at 215 Doughton Road to develop to their planned potential?

11. Does the Proposed Development negatively impact the lands at 190 Doughton Road and their ability to redevelop to their planned potential?

12. Does the Transportation Impact Study prepared by Nextrans Consulting Engineers in support of the Proposed Development accurately assess the impacts of the amendment to the VMC Secondary Plan Street Network - Schedule C?

13. Have operational and safety impacts of the Proposed Development been adequately addressed and reviewed within the Transportation Impact Study, prepared by NextransConsulting Engineers?

14. Does the proposed discontinuous north-south local road, as illustrated within the applicant’s amendment to the VMC Secondary Plan Street Network - Schedule C, represent good transportation planning?

15. Have impacts of road alignment been reviewed in the context of adjacent lands located to the east and on the south of Doughton Road?

Attachment 3

Order of Evidence

1. Doughton Residences Corp.
2. City of Vaughan
3. Appellants
4. Doughton Residences Corp. (in reply)

Attachment 4

Summary of Dates

List of Witnesses September 25, 2023 Meeting of Experts November 1, 2023 Agreed Statement of Facts November 16, 2023 Witness Statements December 1, 2023 Confirmation of Hearing Dates December 18, 2023 Reply Evidence December 15, 2023 Visual Evidence January 8, 2024 Joint Document Book January 12, 2024 Hearing Plan January 15, 2024 Start of Hearing January 22, 2024

Attachment to Sample Procedural Order

Meaning of terms used in the Procedural Order:

A 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. An unincorporated group cannot be a party and 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 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). Section 17 of the Ontario Land 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 a list of reports or materials 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 supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

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.