D'Aversa v. Vaughan (City), 2023 CanLII 59141

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

June 26, 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

Heard:

April 26, 2023, by video hearing (“VH”)

APPEARANCES:

Parties

Counsel/Representatives*

City of Vaughan

Pitman Patterson

Candace Tashos

Lee English

Tien de Religion Canada

Alan Heisey

1219414 Ontario Limited and

1211612 Ontario Limited (Arwin West)

1163919 Ontario Limited; 1888836 Ontario Limited; and

1211612 Ontario Limited (Awin)

228 Steeles West Limited

Lindvest Properties (Pine Valley) Limited; Lindvest Properties (Pine Valley RB) Limited; 1387700 Ontario Limited; and Roybridge Holdings Limited

Alex Lusty

Robert Miller (in absentia)

Margaret Hills

Alexandra Whyte and Austin Ray (law student)

Angela Tomasone

A.G.A Holdings Inc.

Blair Building Materials Inc.

Coco Paving Inc.

CRH Canada Group Inc.

Maple Industrial Landowners Group Inc.

West Rutherford Properties Ltd.

72 Steeles Holdings Limited;

7040 Yonge Holdings Limited

Chris Barnett

(Humbold Properties)

Anland Developments Inc.

Toromont Industries Ltd.

Daniel Angelucci (co-counsel with Michael Foderick)

SmartCentres

David Bronskill

Bren-Croll Holdings Inc.

7080 Yonge Limited

Dino Giuliani (1264564 Ontario Ltd.)

Dino Guiliani

Kleinburg Inn

2748355 Canada Inc., RP B3S Holdings Inc, Mobilio Developments Ltd., RP B3N Holdings Inc.

Donya Yarahmadi

Prima Vista Estates Inc.

Gerardo Borean

840999 Ontario Limited

281187 Ontario Limited

Zepco Holdings Inc.

Grace O’Brien

Laurier Harbour (Keele) Inc.

Laurier Harbour (Keele) Inc.

Sharewell Investments Inc.

Royal Group Inc.

(NAPCO-Royal Building Products)

Jesse White

Home Depot of Canada Inc.

Home Depot of Canada Inc.

Royal Group Inc.

(NAPCO-Royal Pipe & Fittings)

Lionston Developments Inc., VMC Condos Limited Partnership and Graywood Acquisitions Limited, Doughton Residences Corp., Yonge & Steeles Developments Inc., Centra (BT1) Inc., 2735447 Ontario Inc., 8940 Bathurst Street, Wedgewood Columbus Limited, 1150 Centre Street GP Inc., Blue Water Ranch Developments Inc., Highview Building Corp Inc., Di Poce Real Estate Holdings Limited, D’Aversani Holdings Inc., Marina Shcolyar, 9773 Keele Street Inc. (previously 9773 Keele Development Inc.), D’Or Developments Inc., Liberata D’Aversa, Lorwood Holdings Inc.; Fleur de Cap Development Inc.; and Cuenca Development Inc.

Justine Reyes

Danlauton Holdings Ltd., Sedano Group Corp. (previously Sandra Mammone), 1529749 Ontario Limited, Genazzano Highrises Inc. and Granerola Residences Ltd., Greenpark Homes and Intergreen Development Inc.

Kailey Sutton, Mary Flynn-Guglietti and Annik Forristal

1042710 Ontario Limited (The Royal Centre)

Matthew Helfand

G Group Major Mackenzie Inc

7553 Islington Holding Inc.

My Place On 7 Inc.

Market Lane Holdings Inc., ALM Property Management Inc., 2058258 Ontario Limited, Portside Developments (Kipling) Inc., Portside Developments (Kleinburg) Inc., Isadan Holdings Limited, TDC Medical Properties, Valley Major Developments Limited

Marcus Martins*

Stellex Properties Inc.; 2268005 Ontario Limited; Guscon Mackenzie GP Inc. and Gusgo Holdings Ltd.

Matthew A. Di Vona

Teston Sands Inc.

Teston Villas Inc.

MM 27 Ltd.

Rizmi Holdings Limited; Lucia Milani and Lucia Milani, in Trust

Dufferin Vistas Ltd.

Toronto Region Conservation Authority

Matthew Rutledge

Canadian National Railway (CN)

Max Reedijk

Anatoli Block 59 Developments Limited

Stephanie Fleming

2708971 Ontario Inc.

Arbor Memorial Inc.

W. Thomas Barlow

Tony Nicoletti

Self-Represented*

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON April 26, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The City of Vaughan (“City”) passed a new Comprehensive Zoning By-law 001-2021 (“CZBL”) on October 20, 2021. The CZBL affects all properties within the City, with the exception of lands in the vicinity of Yonge Street and Steeles Avenue known as the Yonge-Steeles Corridor Secondary Plan Area. The CZBL, when fully in force, will replace the City’s former Zoning By-law No. 1-88, with the exception of matters subject to certain transition provisions pursuant to Section 1.6 of the CZBL and the Yonge-Steeles Corridor Secondary Plan Area.

2A total of one hundred and thirty (130) appeals were made to the Tribunal with respect to the passing of the CZBL.

3The City advised the Tribunal that there was a total of sixty-two (62) CZBL appeals related to the transition provisions (Section 1.6) of the CZBL. The City ultimately determined that these transition provisions should be substantially revised and, on March 22, 2022, repealed the transition provisions of the CZBL and adopted new transition provisions by enacting By-law 039-2022 (“Transition By-law”). The Transition By-law amends the CZBL by replacing Section 1.6.

4A total of forty-six (46) appeals were made to the Tribunal with respect to the passing of the Transition By-law.

5Since then, the City has engaged in a number of dispute resolution efforts with the various appellants. Settlements with certain appellants have been brought to the Tribunal at previous CMCs and have been approved.

6The present hearing is the fourth CMC and is being conducted for similar settlement purposes. The Tribunal notes that a CMC was conducted on January 18, 2023; however, no disposition was reached with respect to the matters that should have been dealt with at that hearing. As a result, those matters were added to the agenda of the present hearing.

7The following is a summary of subjects to be dealt with at the present CMC:

1. Dismissal of the site-specific appeal brought by Margaret Hills;

2. Direction regarding a written motion to settle a city-wide appeal brought by Greenpark Homes and Intergreen Development Inc.

3. Transfer of the site-specific appeal brought by West Rutherford Properties Ltd., currently contained within the present matter, to be consolidated with a separate site-specific appeal proceeding of the Tribunal (case no. OLT-22-002347);

4. The City’s motion to settle aspects of various appeals, returnable April 26, 2023;

5. The City’s written motion to settle aspects of the Appeal brought by Dufferin Vistas Ltd.;

6. Motion brought by the ZZEN Group of Companies Ltd. (“ZZEN Group”) to settle aspects of its appeal pertaining to one of its properties, returnable April 26, 2023;

7. The City’s motion to settle aspects of various appeals, originally returnable January 18, 2023; and

8. Schedule the next CMC.

Dismissal of Hills Appeal

8Counsel for the City and Margaret Hills advised the Tribunal that this appeal should be dismissed on consent. The reason is that Ms. Hills does not meet the statutory requirements to bring her appeal pursuant to s. 34(19) of the Planning Act.

9The Tribunal accepted these joint submissions and consequently dismisses her appeal.

Written motion to settle City-wide appeal brought by Greenpark Homes and Intergreen Development Inc.

10Counsel for the City and Greenpark Homes and Intergreen Development Inc. advised the Tribunal that they have reached a tentative settlement of their issues, pending approval by City council. The City could not state for certain when council will be in a position to potentially endorse the settlement, but it is likely to be well ahead of the next CMC. As a result, the parties jointly request that the settlement be considered by the Tribunal through a written motion returnable July 12, 2023.

11The City emphasised that resolution of this appeal is of top priority for the City because it is the only remaining city-wide appeal and it affects the City’s planners’ consideration of new planning applications. Once this appeal is resolved, the CZBL can be fully in force city-wide, save for and except as it relates to the remaining site and area-specific appeals.

12The Tribunal accepts the parties’ submissions and correspondingly orders the motion to be heard in writing, returnable July 12, 2023.

Transfer of the site-specific appeal brought by West Rutherford Properties Ltd.

13Counsel for the City and West Rutherford Properties Ltd. jointly submitted that this appellant’s issues and related evidence closely follows the subject of a separate site-specific appeal currently before the Tribunal (case no. OLT-22-002347). As a result, they submitted, it would be more efficient/preferable to deal with it as part of that appeal.

14The Tribunal accepts these submissions and correspondingly orders that this appellant’s appeal be transferred and consolidated as part of Tribunal case no. OLT-22-002347.

Settlements

15The following is a summary of the settlements being proposed by the City and respective appellants. Each point includes the name of the appellant and the property involved. The Tribunal notes that all are on consent, while some involve an appeal of the CZBL and some involve the CZBL and Transition By-law.

City Motion Returnable January 18, 2023

1. Condor Properties Ltd. in respect of the lands described as Part of Lot 25, Concession 7 and municipally known as 4801 Teston Road;

2. Condor Properties Ltd. in respect of the lands described as Part of Lot 28, Concession 5 and municipally known as 11110 Jane Street;

3. Nashville Major Developments Inc., Nashville Developments (South) Inc., Nashville Developments Inc., Nashville (Barons) Developments Inc. and Nashville 10 Acres Developments Inc. in respect of various lands in the ‘Nashville Community’;

4. Laurier Harbour (Keele) Inc. in respect of the lands described as 9560 and 9570 Keele Street;

5. 2097500 Ontario Limited in respect of the lands described as Part of Lot 25, Concession 6 and municipally known as 4077 Teston Road;

6. TDC Medical Properties in respect of the lands described as 400 Bradwick Drive;

7. Islamic Shia Ithna-Asheri Jamaat of Toronto in respect of the lands described as 9000 Bathurst Street;

8. ZZEN Group in respect of the lands in the vicinity of Zenway Boulevard and Highway 27 and described as Part of Lot 7 & 8, Concession 9;

City Written Motion

9. Dufferin Vistas Ltd. in respect of the lands municipally known as 230 Grand Trunk Avenue;

City Motion Returnable April 26, 2023

10. ZZEN Group and Armland Management Inc. in respect of lands municipally known as 120 – 320 Milani Boulevard;

11. Laurier Harbour (Keele) Inc. in respect of the lands municipally known as 9785 and 9797 Keele Street;

12. Teston Sands Inc. in respect of the lands municipally known as 1600 Teston Road;

13. Portside Developments (Kipling) Inc. in respect of the lands municipally known as 7476 Kipling Avenue;

14. Sharewell Investments Inc. in respect of the lands municipally known as 9929 Keele Street;

ZZEN Group Motion Returnable April 26, 2023

15. ZZEN Group in respect of the lands legally described as Part of Lot 11, Concession 10 in the City of Vaughan.

16Evidence for the three City-initiated motions was provided by Robert Rappolt, an expert in Land Use Planning duly qualified by the Tribunal. He testified that each of the appeals subject to the City’s motions involve an appeal on the basis that the CZBL (as adopted) fails to recognize a previous approval for the respective appellants’ sites, such as an amendment to City ZBL 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.

17Mr. Rappolt further testified that each of the proposed amendments set out in the request for relief will either fully resolve the CZBL appeal (and associated Transition By-law appeal where applicable) or will partially resolve the appeal and leave a scoped portion of the appeal to be resolved in respect of other lands of the appellant.

18From a planning standpoint, Mr. Rappolt opined that each of the proposed amendments has regard to matters of Provincial interest pursuant to Section 2 of the Planning Act, is consistent with the Provincial Policy Statement, conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe and Oak Ridges Moraine Conservation Plan, the Region of York Official Plan 2010, the Region of York Official Plan 2022, and the City of Vaughan Official Plan, and generally represent good planning.

19The Tribunal accepts Mr. Rappolt’s evidence and opinion and finds same.

20As it relates to ZZEN Group’s motion to settle certain aspects of their appeal(s), the evidence was provided by Grant Uyeyama, who was duly qualified by the Tribunal as an expert in lands use planning.

21He testified that, similar to the other settlements, the lands legally described as Part of Lot 11, Concession 10 in the City of Vaughan were subject to a previous approval for the respective appellants’ sites that was either not continued in the CZBL, or was carried into the CZBL in a Chapter 14 Exception which requires further amendment to appropriately capture the previous approval. However, it is also distinguishable because the ZZEN Group is seeking additional zoning considerations to reflect the more current development intentions of the company.

22Mr. Uyeyama testified that ZZEN Group is seeking an amendment to alter s. 14.974 by:

a. Modifying the zoning to clarify the permissions and uses of the lands as follows:

i. Replace the C7 Zone with the EM1 Zone;

ii. Replace the EM2 Zone with the EM1 Zone;

iii. Replace the EM3 Zone with the EM1 Zone.

b. Amend the text of s. 14.974 to reflect this modified zoning by:

i. Permitting Retail Warehousing in all areas zoned for employment uses on the lands (s. 14.974.1);

ii. Eliminating the EM2 Zone, which permits outside storage, resulting in outdoor storage use no longer being permitted;

iii. Eliminating the EM3 Zone;

iv. Simplifying use permissions for uses permitted on the lands now zoned EM1 by removing fueling station uses, financial institution uses, banquet hall uses and car wash uses.

c. Amending the minimum landscaping strip requirements on the lands for employment uses to address ZZEN’s future development intentions (s. 14.974.2);

d. Reiterating that Table 11-3 of the CZBL, regarding minimum setbacks, does not apply to lands zoned EM1 on Map 81 (s. 14-974.2.3); and

e. Reducing the area zoned for the stormwater management pond given its as-built-conditions.

23ZZEN Group is also seeking an amendment to alter Map 81 of Schedule A of the CZBL as follows:

a. To reduce the area zoned OS1-974; and

b. To expand the area zoned EM1-974.

24From a planning standpoint, Mr. Uyeyama opined that ZZEN Group’s proposed amendments have regard to matters of Provincial interest pursuant to Section 2 of the Planning Act, is consistent with the Provincial Policy Statement, conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, the Region of York Official Plan 2010, the Region of York Official Plan 2022, the City of Vaughan Official Plan, Conforms with the Block 64 Plan and generally represents good planning.

25With no opposing evidence and upon consent of the City, the Tribunal finds same.

Fifth CMC

26Upon request of the parties, the Tribunal set a fifth CMC hearing commencing on Friday, September 15, 2023 at 10 a.m. by VH. No further Notice is required.

27The hearing is scheduled to proceed by video as follows:

GoTo Meeting: https://global.gotomeeting.com/join/687587165

Access code: 687-587-165

28Parties 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.

29Parties 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

30Persons 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.

31Individuals 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.

ORDERS

Fifth CMC

32The Tribunal Orders that the date and particulars of the hearing are set out above.

Dismissal of Appeal 002687

33THE TRIBUNAL ORDERS that Appeal No. 002687 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Margaret Hills is dismissed.

Consolidation of West Rutherford Properties

34THE TRIBUNAL ORDERS that Appeal No. 002773 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004792 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by West Rutherford Properties Ltd., are hereby consolidated with OLT Case No. OLT-22-002347 in accordance with Rule 16.1 of the Ontario Land Tribunal Rules of Practice and Procedure.

General Orders re: Exception Settlement Orders

35THE TRIBUNAL ORDERS that:

1. The following Orders recorded in this decision and approval of portions of the CZBL as attached hereto as Attachments 1 through 35 are without prejudice to the disposition of any other appeal of the CZBL and any unapproved portions of the CZBL, 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 CZBL on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Attachments 1 through 35 as brought into force by these Orders. However, this does not affect the City’s right to assert that the CZBL as amended by Attachments 1 through 35 hereto, 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

2. Notwithstanding the Orders, the Tribunal retains jurisdiction to consider and approve amendments to the CZBL as amended herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.

EXCEPTION SETTLEMENT ORDERS

December 28, 2023 Motion Record

Condor Properties Ltd.

36THE TRIBUNAL ORDERS that:

1. Appeal No. 002773 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004792 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Condor Properties Ltd. are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. Exception 14.1086 is deleted in its entirety and replaced with a new Exception 14.1086 in the form set out in Attachment 1 to this Order;

b. Schedule A – Maps 179, 180, 199 and 200 are amended in the form set out in Attachment 2 to this Order;

c. Exception 14.1110 is deleted in its entirety and replaced with a new Exception 14. 1110 in the form set out in Attachment 3 to this Order;

d. Schedule A – Maps 224 and 225 are amended in the form set out in Attachment 4 to this Order;

2. In all other respects, the Tribunal orders that the appeals as they relate to lands municipally known as 4801 Teston Road and 11110 Jane Street, in the City of Vaughan, Ontario are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.

Nashville Major Developments Inc., Nashville Developments (South) Inc., Nashville Developments Inc., Nashville (Barons) Developments Inc. and Nashville 10 Acres Developments Inc.

37THE TRIBUNAL ORDERS that:

1. Appeal No. 002667 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Nashville Major Developments Inc., Nashville Developments (South) Inc., Nashville Developments Inc., Nashville (Barons) Developments Inc. and Nashville 10 Acres Developments Inc. 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 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 5 to this Order;

b. Exception 14.749 is deleted in its entirety and replaced with a new Exception 14.749 in the form set out in Attachment 6 to this Order;

c. Figures E-1504, E-1504(B) and E-1504(C) in Exception 14.1006 are amended in the form set out in Attachment 7 to this Order;

d. Figure E-1570 in Exception 14.1065 is amended in the form set out in Attachment 8 to this Order;

e. Schedule A – Maps 155, 174, 175 and 195 are amended in the form set out in Attachment 9 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002667 is dismissed.

Laurier Harbour (Keele) Inc.

38THE TRIBUNAL ORDERS that:

1. Appeal No. 002770 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Laurier Harbour (Keele) Inc., is allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. Exception 14.1103 is deleted in its entirety and replaced with a new Exception 14.1103 in the form set out in Attachment 10 to this Order;

b. Schedule A – Maps 130 and 148 are amended in the form set out in Attachment 11 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002770 is dismissed.

2097500 Ontario Limited

39THE TRIBUNAL ORDERS that:

1. Appeal No. 002847 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004821 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by 2097500 Ontario Limited, are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. Exception 14.1122 is deleted in its entirety and replaced with a new Exception 14.1122 in the form set out in Attachment 12 to this Order;

b. Schedule A – Maps 181, 182, 201 and 202 are amended in the form set out in Attachment 13 to this Order;

2. In all other respects, the Tribunal orders that Appeals No. 002847 and No. 004821 are dismissed.

TDC Medical Properties

40THE TRIBUNAL ORDERS that:

1. Appeal No. 002839 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by TDC Medical Properties, 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 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 14 to this Order;

b. Schedule A – Maps 75 and 76 are amended in the form set out in Attachment 15 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002839 is dismissed.

Islamic Shia Ithna-Asheri Jamaat of Toronto

41THE TRIBUNAL ORDERS that:

1. Appeal No. 002801 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004790 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Islamic Shia Ithna-Asheri Jamaat of Toronto, are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. A new Exception is added to Chapter 14 of 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 16 to this Order;

b. Schedule A – Map 116 is amended in the form set out in Attachment 17 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002801 and Appeal No. 004790 are dismissed.

ZZEN Group of Companies Ltd.

42THE TRIBUNAL ORDERS that:

1. 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 Ltd., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. Exception 14.790 is deleted in its entirety and replaced with a new Exception 14.790 in the form set out in Attachment 18 to this Order;

b. Schedule A – Maps 42, 43, 62 and 63 are amended in the form set out in Attachment 19 to this Order;

2. In all other respects, the appeals as they relate to the lands in the City of Vaughan, Ontario identified in Attachment 20 are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.

February 14, 2023 Motion Record (Dufferin Vistas Ltd.)

Dufferin Vistas Ltd.

43THE TRIBUNAL ORDERS that:

1. Appeal No. 002744 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Dufferin Vistas Ltd., 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 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 21 to this Order;

b. Schedule A – Map 132 is amended in the form set out in Attachment 22 to this Order;

2. In all other respects, the appeals as they relate to the lands in the City of Vaughan, Ontario identified in Attachment 23 are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.

April 6, 2023 Motion Record

ZZEN Group of Companies Ltd. and Armland Management Inc.

44THE TRIBUNAL ORDERS that:

1. Appeal Nos. 002765 and 002758 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal Nos. 004767 and 004768 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by ZZEN Group of Companies Ltd. and Armland Management Inc., respectively, are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. Exception 14.988 is deleted in its entirety and replaced with a new Exception 14.988 in the form set out in Attachment 24 to this Order;

b. Schedule A – Map 63 is amended in the form set out in Attachment 25 to this Order;

2. In all other respects, the appeals as they relate to the lands described as Block 1, Plan 65M-4386 and municipally known as 120-320 Milani Boulevard in the City of Vaughan, Ontario are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.

Laurier Harbour (Keele) Inc.

45THE TRIBUNAL ORDERS that:

1. Appeal No. 002913 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004780 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Laurier Harbour (Keele) Inc., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. A new Exception is added to Chapter 14 of 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 26 to this Order;

b. Schedule A – Map 148 is amended in the form set out in Attachment 27 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002913 and Appeal No. 004780 are dismissed.

Teston Sands Inc.

46THE TRIBUNAL ORDERS that:

1. THE TRIBUNAL ORDERS that Appeal No. 002739 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021, being an appeal by Teston Sands Inc., 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 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 28 to this Order;

b. Schedule A – Maps 208 and 209 are amended in the form set out in Attachment 29 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002739 is dismissed.

Portside Developments (Kipling) Inc.

47THE TRIBUNAL ORDERS that:

1. Appeal No. 002804 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004815 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Portside Developments (Kipling) Inc., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. A new Exception is added to Chapter 14 of 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 30 to this Order;

b. Schedule A – Map 25 is amended in the form set out in Attachment 31 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002804 and Appeal No. 004815 are dismissed.

Sharewell Investments Inc.

48THE TRIBUNAL ORDERS that:

1. Appeal No. 002967 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004779 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Sharewell Investments Inc., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. Exception 14.72 is deleted in its entirety and replaced with a new Exception 14.72 in the form set out in Attachment 32 to this Order;

b. Schedule A – Maps 148 and 167 are amended in the form set out in Attachment 33 to this Order;

2. In all other respects, the Tribunal orders that Appeal No. 002967 and Appeal No. 004779 are dismissed.

ZZEN Group of Companies Limited Motion Record – March 16, 2023

ZZEN Group of Companies Ltd.

49THE TRIBUNAL ORDERS that:

1. 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 Ltd., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:

a. Exception 14.974 is deleted in its entirety and replaced with a new Exception 14.974 in the form set out in Attachment 34 to this Order;

b. Schedule A – Map 81 is amended in the form set out in Attachment 35 to this Order;

2. In all other respects, Appeal No. 002765 and Appeal No. 004767, as they relate to lands legally described as Part of Lot 11, Concession 10, in the City of Vaughan, Ontario are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.

50The Member is not seized but may be spoken to should assistance be required in implementing any of the above-noted Orders.

“K.R. Andrews”

K.R. ANDREWS

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.