Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 18, 2023
CASE NO(S).: OLT-23-000006
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Jan–Sil Properties Limited Applicant: Chabad Lubavitch of Southern Ontario Subject: Proposed Official Plan Amendment No. 89 Description: To Facilitate the development of a 5-storey residential apartment building Reference Number: OP.19.016 Property Address: 8001 Bathurst Street Municipality: City of Vaughan OLT Case No.: OLT-23-000006 OLT Lead Case No.: OLT-23-000006 OLT Case Name: Jan-Sil Properties Limited v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Jan–Sil Properties Limited Applicant: Chabad Lubavitch of Southern Ontario Subject: By-law No. 197-2022 Description: To Facilitate the development of a 5-storey residential apartment building Reference Number: Z.19.040 Property Address: 8001 Bathurst Street Municipality: City of Vaughan OLT Case No.: OLT-23-000007 OLT Lead Case No.: OLT-23-000006
Heard: August 15, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Jan-Sil Properties Limited | Chris Barnett |
| Chabad Lubavitch | Sandra Patano* (in absentia) |
| City of Vaughan | Candace Tashos |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON August 15, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding appeals filed by Jan-Sil Properties Limited (“Appellant”) pursuant to sections 17(24) and 34(19) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the adoption of Official Plan Amendment No. 89 (“OPA”) and the passing of Zoning By-law No. 197-2022 (“ZBL”) by the City of Vaughan (“City”) for the lands municipally known as 8001 Bathurst Street (“Subject Lands”).
2The City adopted the OPA and passed the ZBL on September 13, 2022, which together permit the development of a five-storey residential apartment building on a parking lot adjacent to an existing place of worship on the Subject Lands. The Subject Lands are owned by Chabad Lubavitch of Southern Ontario (“Applicant”).
3The Appellant filed the appeals on the grounds that the OPA and ZBL ought to include provisions that require the Applicant to share costs for services that were installed by the Appellant and from which the Applicant now derives a benefit.
PROCEDURAL MATTERS
4The Tribunal was in receipt of an Affidavit of Service sworn by Teri Hardy on July 19, 2023, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC and, as such, no further notice is required.
5The Tribunal did not receive any requests for Party or Participant Status at the CMC.
OPPORTUNITIES FOR SETTLEMENT
6The Appellant advised the Tribunal that they have reached a settlement agreement in principle with the Applicant and that they hope to finalize the agreement in short order. The Appellant further advised the Tribunal of their intent to withdraw the Appeals following the execution of the settlement.
7Considering the foregoing, the Tribunal directed the Appellant to provide the Tribunal with a status update by Friday, September 1, 2023. Should it be determined that a hearing will ultimately be required, the Parties were directed to request a second CMC.
ORDER
8THE TRIBUNAL ORDERS that the Appellant provide the Tribunal with an update on the status of the Appeal no later than Friday, September 1, 2023. Should a hearing be required to resolve the appeal, the Parties shall request the scheduling of a second CMC and prepare a draft Procedural Order and Issues List with the Tribunal in advance of same.
“S. Dixon”
s. dixon 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.