Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 29, 2024
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
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by Genazzano Highrises Inc. and Granerola Residences Ltd. (Appeal No. 002719 to Comprehensive Zoning By-law 001-2021)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by 7800 Jane Street Inc. and Metrus (Terra) Properties Inc. (Appeal No. 002734 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004776 to Transition By-law 039-2022)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by Madison VIVA Bathurst Holdings Ltd. (Appeal No. 002853 to Comprehensive Zoning By-law 001-2021)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by A.G.A. Holdings Inc. (Appeal No. 002746 to Comprehensive Zoning By-law 001-2021)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by Condor Properties Ltd. (Appeal No. 002773 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004792 to Transition By-law 039-2022)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by Home Depot of Canada Inc. (Appeal No. 002796 to Comprehensive Zoning By-law 001-2021)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by Home Depot (Appeal No. 002914 to Comprehensive Zoning By-law 001-2021)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Request for: Request for Directions pertaining to settlement involving the appeal by ZZEN Group of Companies Limited (Appeal No. 002765 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004767 to Transition By-law 039-2022)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Promenade Limited Partnership (Appeal No. 002789 to Comprehensive Zoning By-law 001-2021)
Request for: Request for Directions pertaining to settlement involving the appeal by Promenade Limited Partnership (Appeal No. 002789 to Comprehensive Zoning By-law 001-2021)
Heard: February 20, 2024, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Vaughan | Pitman Patterson Candace Tashos Lee English Piper Morley (in absentia) |
| 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, D’Or Developments Inc., Liberata D’Aversa | Justine Reyes Natalie Ast Christopher Tanzola (in absenita) |
| Lionston Developments Inc | Justine Reyes Brad Teichman (in absenita) |
| VMC Condos Limited Partnership and Graywood Acquisitions Limited, Doughton Residences Corp., and Yonge & Steeles Developments Inc. | Justine Reyes Natalie Ast Daniel Artenosi (in absenita) |
| Centra (BT1) Inc. | Justine Reyes Michael Cara |
| ZZEN, Armland Management Inc., Mosaik Pinewest Inc., 3911 Teston Road Inc., York Major Holdings Inc., The Q Towers General Partner Inc., and Condor Properties Ltd. | Robert Miller Alex Lusty (in absenita) |
| Rutherford Heights Inc. | Grace O’Brien Robert Miller |
| Toromont Industries Ltd. | Daniel Angelucci Jamie Cole (in absentia) Michael Foderick (in absenita) |
| Canadian National Railway Company | Max Reedijk Katarzyna Sliwa (in absentia) |
| 2748355 Canada Inc., RP B3S Holdings Inc., Mobilio Developments Ltd., RP B3N Holdings Inc. | Hamza Naim (Student at Law) Donya Yarahmadi (in absenita) Patrick Duffy (in absenita) Jonathan Cheng (in absenita) |
| 1529749 Ontario Limited, Genezzano Highrises Inc. and Granerola Development Inc | Patrick Pinho Mary Flynn-Guglietti (in absentia) |
| Danlauton Holdings Ltd. and Sedano Group Corp. | Patrick Pinho Annik Forristal (in absentia) |
| CRH Canada, Maple Industrial Landowners Group, GIP, Blair Building Materials, A.G.A. Holdings, Kirbywest, MCN (Pine Valley) Inc., West Rutherford Properties Ltd., Coco Paving Inc | Mandy Ng Steven C. Ferri (in absentia) Arti Sanichara (in absentia) Alexandra Whyte (in absentia) |
| Tony Nicoletti | Self-Represented |
| Zepco Holdings Inc. | Grace O’Brien Robert Miller |
| 2708971 Ontario Inc. | Stephanie Fleming Russell Cheeseman (in absentia) |
| Tien de Religion Canada, 1972380 Ontario Limited and 1219414 Ontario Limited, 1163919 Ontario Limited; 1888836 Ontario Limited; and 1211612 Ontario Limited | Alan Heisey |
| 228 Steeles West Limited | Alan Heisey |
| Prima Vista Estates Inc., 840999 Ontario Limited, 281187 Ontario Limited | Gerard C. Borean |
| Promenade Limited Partnership | Joe Hoffman |
| 1042710 Ontario Limited (The Royal Centre) | Alexander Suriano Matthew Helfand (in absentia) Andrea Skinner (in absentia) |
| 7553 Islington Holding Inc. | Alexander Suriano Matthew Helfand (in absentia) Patrick Harrington (in absentia) |
| My Place On 7 Inc. | Alexander Suriano Matthew Helfand (in absentia) |
| Home Depot of Canada Inc. and Royal Group Inc. | Jesse White David Tang (in absentia) |
| 7800 Jane Street Inc. / Metus (Terra) Properties, referred to as Aspen Ridge, Midvale Estates Limited, 2117969 Ontario Inc., 243127 Ontario Limited | Grace O’Brien John Alati (in absentia) Andy Margaritis (in absentia) |
| Gatehollow Estates Inc. and Kentview Estates Inc. | Grace O’Brien Meaghan McDermid (in absentia) Andy Margaritis (in absentia) |
| Eastwood Holdings Corp | Grace O’Brien Meaghan McDermid (in absentia) Andy Margaritis (in absentia) |
| H & L Tile Inc. and Ledbury Investments Ltd., 2090396 Ontario Limited, and Concen Developments Limited | Grace O’Brien Mark Flowers (in absentia) |
| Clubhouse Developments Inc. | Grace O’Brien Mark Flowers (in absentia) |
| Block 41 Landowners Group | Sarah Kagan Ira T. Kagan (in absentia) |
| Toronto and Region Conservation Authority | Matthew Rutledge Tim Duncan (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON FEBRUARY 20, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A summary of the context and prior history of this matter is succinctly set out in a previous Tribunal settlement decision issued August 25, 2023 (D'Aversa v Vaughan (City), 2023 CanLII 78842 (ON LT)). The present hearing is the sixth Case Management Conference (“CMC”) and includes the hearing of a similar settlement motion.
2Four settlements (three full settlements and one partial settlement) are currently being considered by the Tribunal:
Appeal No. 002765 to the City of Vaughan Comprehensive Zoning By-law 0001-2021 (“CZBL”) and appeal No. 004767 to Bylaw 039-2022 (“Transition By-law") by ZZEN Group of Companies Limited in respect of the lands legally described as Part of Lot 10, Concession 9, City of Vaughan (partial settlement);
Appeal No. 002764 to the CZBL and Appeal No. 004766 to the Transition By-law by Rutherford Heights Inc. in respect of the lands municipally known as 10, 20 and 25 Di Benedetto Lane and 110 Simmons Street (full settlement);
Appeal No. 002785 to the CZBL and Appeal No. 004805 to the Transition By-law by Centra (BT1) Inc. in respect of the lands municipally known as 17 Millwood Parkway and 14-50 Deanna Court (full settlement); and
Appeal No. 002710 to the CZBL and Appeal No. 004802 to the Transition By-law by Lionston Developments Inc. in respect of the lands legally described as Part of Lot 21, Concession 5, City of Vaughan (full settlement).
3All of the above noted appeals involve an appeal on the basis that the CZBL (and, by association, the related Transition By-law), as initially adopted, fails to recognize previous approvals for the respective Appellants’ Lands, such as an amendment to the preceding City Comprehensive Zoning By-law 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.
4In addition to seeking to resolve the above settlements, the City further requests an order to bring those parts of the CZBL and Transition By-law into force regarding specific lands associated with two other appeals associated with another Appellant which were withdrawn in writing filed with the Tribunal, namely:
- Appeal No. 002760 of the CZBL and Appeal No. 004769 of the Transition By-law filed by Mosaik Pinewest Inc. in respect of lands legally described as Part of Lot 23, Concession 6 in the City of Vaughan.
5Furthermore, the City is also seeking the Tribunal’s assistance to keep some appeals moving forward, including as it relates to appeals by Royal 7 Developments Ltd. (Appeal Nos. 002736 and 004811) and Rutherford Land Development Corp. (Appeal Nos. 002735 and 004812). In order to keep these matters progressing, the City requests an order to have these appellants provide their comments to the City regarding the site-specific exceptions applicable to their lands no later than February 29, 2024.
6The Tribunal also heard from Counsel for 7700 Bathurst LP, who advised that it is now the owner of 7700 Bathurst Street and, as such, is seeking to assume the appeal of 1529749 Ontario Limited, the previous owner of the lands, which earlier filed an appeal of the City’s Comprehensives Zoning By-law in association with these lands.
Decision
7The Tribunal confirms that it has received, reviewed and considered the following materials and submissions from the settlement parties:
a. Motion Record of the City dated February 5, 2024 (marked as exhibit 37), containing:
i. the Notice of Motion of the City dated February 5, 2024;
ii. the uncontested opinion evidence of Robert Rappolt, a Registered Professional Planner and full member of the Canadian Institute of Planners, within his comprehensive affidavit sworn February 5, 2024;
b. a draft Order, jointly submitted to give effect to the relief sought; and
c. supplemental oral submissions of the City and evidence of Mr. Rappolt delivered orally.
8The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Rappolt reflects cooperative efforts and a common interest between the parties to correct a failure to carry forward previous approvals associated with the subject properties into the new CZBL, as initially adopted.
9The Tribunal accepts the opinion evidence of Mr. Rappolt, as presented orally as well as within his affidavit, and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform to the A Place to Grow; Growth Plan for the Greater Golden Horseshoe, 2020, the Region of York Official Plan 2010, the Region of York Official Plan 2022, as modified and approved by the Minister of Municipal Affairs and Housing, and the City of Vaughan Official Plan, 2010, and otherwise reflect principles of good land use planning.
10The Tribunal further grants the City’s request to order Royal 7 Developments Ltd. (Appeal Nos. 002736 and 004811) and Rutherford Land Development Corp. (Appeal Nos. 002735 and 004812) to provide their comments to the City regarding the site-specific exceptions applicable to their lands no later than February 29, 2024. The Tribunal also grants the request from 7700 Bathurst LP to assume the appeal of 1529749 Ontario Limited, the previous owner of their lands.
Next Written Settlement Motion and Seventh CMC
11Upon request of the parties, the Tribunal set a subsequent written motion to settle various other appeals of this matter, returnable Friday, April 19, 2024.
12In addition, also upon request of the parties, the Tribunal set a seventh CMC hearing commencing on Monday, June 10, 2024, at 10 a.m. by video hearing. It is expected that more settlement motions will be heard on this day. No further Notice is required apart from notice of any motions.
13The hearing is scheduled to proceed by video hearing as follows:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
14Parties 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.
15Parties 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
16Persons 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.
17Individuals 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
Procedure, Assumption of Appeal, and Next Written Settlement Motion and Seventh CMC
18The Tribunal Orders that:
The date and particulars of the next written settlement motion and subsequent Case Management Conference are as set out above;
Royal 7 Developments Ltd. (Appeal Nos. 002736 and 004811) and Rutherford Land Development Corp. (Appeal Nos. 002735 and 004812) shall provide their comments to the City regarding the site-specific exceptions applicable to their lands no later than February 29, 2024; and
7700 Bathurst LP shall assume the appeal of 1529749 Ontario Limited, the previous owner of their newly acquired lands (7700 Bathurst Street).
Re: Settlement Orders
19THE TRIBUNAL ORDERS that:
The following Orders recorded in this decision and approval of portions of the CZBL, as attached hereto as Attachments 1 through 7, 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 7 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 7 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
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.
City-initiated Motion
ZZEN Group of Companies Limited (Appeal Nos. 002765 and 004767)
20THE TRIBUNAL ORDERS that:
- 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 Limited, are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.932 is deleted in its entirety and replaced with a new Exception 14.932 in the form set out in Attachment 1 to this Order;
b. Schedule A – Maps 61, 62, 81 and 82 are amended in the form set out in Attachment 2 to this Order;
- In all other respects, the appeals as they relate to the lands legally described as Part of Lot 10, Concession 9, City of Vaughan, Ontario are dismissed, but the balance of the appeals which are not specific to those lands are not dismissed.
Rutherford Heights Inc. (Appeals Nos. 002764 and 004766)
21THE TRIBUNAL ORDERS that:
- Appeal No. 002764 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004766 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Rutherford Heights Inc., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.831 is deleted in its entirety and replaced with a new Exception 14.831 in the form set out in Attachment 3 to this Order;
b. Schedule A – Map 102 is amended in the form set out in Attachment 4 to this Order;
- In all other respects, the Tribunal orders that Appeals Nos. 002764 and 004766 are dismissed.
Centra (BT1) Inc. (Appeals Nos. 002785 and 004805)
22THE TRIBUNAL ORDERS that:
- Appeal No. 002785 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004805 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Centra (BT1) Inc., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.22 is deleted in its entirety and replaced with a new Exception 14.22 in the form set out in Attachment 5 to this Order;
b. Schedule A – Map 162 is amended in the form set out in Attachment 6 to this Order;
- In all other respects, the Tribunal orders that Appeals Nos. 002785 and 004805 are dismissed.
Lionston Developments Inc. (Appeal Nos. 002710 and 004802)
23THE TRIBUNAL ORDERS that:
- Appeal No. 002710 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004802 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Lionston Developments Inc., are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.865 is deleted in its entirety and replaced with a new Exception 14.865 in the form set out in Attachment 7 to this Order;
- In all other respects, the Tribunal orders that Appeal Nos. 002710 and 004802 are dismissed.
Re: Withdrawn Appeal Orders
24THE TRIBUNAL ORDERS that:
- Pursuant to s. 34(31) of the Planning Act, Comprehensive Zoning By-law 001-2021 is deemed to have come into force on the day it was passed (i.e. October 20, 2021) for the following lands in the City of Vaughan, in respect of which lands the appeal of the Comprehensive Zoning By-law 001-2021 has been withdrawn in writing filed with the Tribunal:
a. Part of Lot 23, Concession 6 in the City of Vaughan, (Appeal No. 002760 filed by Mosaik Pinewest Inc.).
- Pursuant to s. 34(31) of the Planning Act, By-law No. 039-2022 is deemed to have come into force on the day it was passed (i.e. March 22, 2022) for the following lands in the City of Vaughan, in respect of which lands the appeal of the By-law No. 039-2022 has been withdrawn in writing filed with the Tribunal:
a. Part of Lot 23, Concession 6 in the City of Vaughan, (Appeal No. 004769 filed by Mosaik Pinewest Inc.).
25The 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: 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
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Attachment 7