Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 16, 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: Transition 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 a partial settlement involving the appeal by Armland Management Inc. (Appeal No. 002758 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004768 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 a full settlement involving the appeals by Prima Vista Estates Inc. (Appeal No. 002707 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004804 to Transition By-law 039-2022) and by 840999 Ontario Limited (Appeal No. 002708 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004803 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 a full settlement involving the appeal by Royal 7 Developments Ltd. (Appeal No. 002736 to Comprehensive Zoning By-law 001-2021 and Appeal No. 004811 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 an order to bring those part of the Comprehensive Zoning By-law 001-2021 as well as the Transition By-law 039-2022 into force regarding specific lands associated with one other appeal that was withdrawn, namely the appeal by Cortel Group Inc. in respect of land municipally known as 1950, 1970, 2160, 2180 and 2200 Highway 7, 137 Bowes Road, and 11260 and 11424 Jane Street regarding Appeal No. 002832 to Comprehensive Zoning By-law 001-2021
Heard: April 19, 2024 In Writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| City of Vaughan | Pitman Patterson Candace Tashos Piper Morley Lee English |
DECISION DELIVERED BY K.R. ANDREWS 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 on August 25, 2023 (D'Aversa v Vaughan (City), 2023 CanLII 78842 (ON LT)). The present written hearing includes the hearing of a similar settlement motion, as well as a request that the Tribunal order those parts of the subject City of Vaughan (“City”) Comprehensive Zoning By-law 001-2021 (“CZBL”) and related Transition By-law 039-2022 (“Transition By-law”) be deemed to have come into force, regarding those lands for which appeals have been withdrawn, on the day the CZBL and Transition By-laws were passed, respectively, pursuant to s. 34(31) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
2Three settlements (one partial settlement and two full settlements) are currently being considered by the Tribunal through the present City-initiated settlement motion:
Appeal Nos. 002758 and 004768 by Armland Management Inc. in respect of the lands municipally known as 11660 Weston Road (partial settlement);
Appeal Nos. 002707, 002708, 004804, and 004803 by Prima Vista Estates Inc. and 840999 Ontario Limited, respectively, in respect of the lands municipally known as 4333 Teston Road and 10601, 10699, and 10733 Pine Valley Drive (full settlement); and
Appeal Nos. 002736 and 004811 by Royal 7 Developments Ltd. in respect of the lands municipally known as 2920 Highway 7 (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. A consequential amendment to mapping in Schedule A of the CZBL is also required.
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 one other appeal that was withdrawn, namely:
- Appeal No. 002832 filed by Cortel Group Inc. in respect of land municipally known as 1950, 1970, 2160, 2180, and 2200 Highway 7, 137 Bowes Road, and 11260 and 11424 Jane Street;
Decision and order
5The Tribunal confirms that it has received, reviewed, and considered the following materials and submissions contained within the Motion Record of the City dated April 4, 2024 (marked as exhibit 39):
i. The Notice of Motion of the City dated April 4, 2024; and
ii. The uncontested opinion evidence of Robert Rappolt, a Registered Professional Planner and full member of the Canadian Institute of Planners, is contained in his comprehensive affidavit sworn on April 4, 2024.
6The 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. The Tribunal further understands that Mr. Rappolt’s evidence also supports the uncontested request to bring into force those parts of the CZBL and Transition By-law, which affect Lands associated with previously withdrawn appeals.
7The Tribunal accepts the opinion evidence of Mr. Rappolt as presented in 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.
8THE TRIBUNAL ORDERS that:
The following Orders recorded in this decision and approval of portions of the Comprehensive Zoning By-law 001-2021 as attached hereto as Attachments 1 through 8 are without prejudice to the disposition of any other appeal of the Comprehensive Zoning By-law 001-2021 and any unapproved portions of the Comprehensive Zoning By-law 001-2021, 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 Comprehensive Zoning By-law 001-2021 on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Attachments 1 through 8 as brought into force by these Orders. However, this does not affect the City’s right to assert that the Comprehensive Zoning By-law 001-2021 as amended by Attachments 1 through 8 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 Comprehensive Zoning By-law 001-2021 as amended herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.
Armland Management Inc. (Appeal Nos. 002758 and 004768)
- Appeal No. 002758 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law 001-2021 and Appeal No. 04768 in OLT Case No. OLT-22-003554 to By-law No. 039-2022, being appeals by Armland Management 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 the 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 1 to this Order; and
b. Schedule A – Maps 242, 243, 262, and 263 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 municipally known as 11660 Weston Road, City of Vaughan, Ontario, are dismissed, but the balance of the appeals, which are not specific to those lands, are not dismissed.
Prima Vista Estates Inc. and 840999 Ontario Limited (Appeal Nos. 002707, 002708, 004804 and 004803)
- Appeal Nos. 002707 and 002708 to the Comprehensive Zoning By-law 001-2021 and Appeal Nos. 004804 and 004803 to the Transition By-law 039-2022, being appeals by Prima Vista Estates Inc. and 840999 Ontario Limited, respectively, are allowed in part and Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exceptions 14.1080 is deleted in its entirety and replaced with a new Exception 14.1080 in the form set out in Attachment 3 to this Order;
b. Exceptions 14.1111 is deleted in its entirety and replaced with a new Exception 14.1111 in the form set out in Attachment 4 to this Order;
c. Exceptions 14.1112 is deleted in its entirety and replaced with a new Exception 14.1112 in the form set out in Attachment 5 to this Order;
d. Schedule A – Maps 108, 181, 200, and 201 are amended in the form set out in Attachment 6 to this Order;
- In all other respects, the Tribunal orders that Appeal Nos. 002707 and 002708 to the Comprehensive Zoning By-law 001-2021 and Appeal Nos. 004804 and 004803 to the Transition By-law 039-2022 are dismissed.
Royal 7 Development Ltd. (Appeal Nos. 002736 and 004811)
- Appeal No. 002736 to the Comprehensive Zoning By-law 001-2021 and Appeal No. 004811 to the Transition By-law 039-2022, being appeals by Royal 7 Developments Ltd., are allowed in part, and the Comprehensive Zoning By-law 001-2021 is amended as follows:
a. Exception 14.890 is deleted in its entirety and replaced with a new Exception 14.890 in the form set out in Attachment 7 to this Order;
b. Schedule A – Map 52 is amended in the form set out in Attachment 8 to this Order;
- In all other respects, the Tribunal orders that Appeal Nos. 002736 and 004811 are dismissed.
Re: Withdrawn Appeal Orders
- 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 appeals of the Comprehensive Zoning By-law 001-2021 have been withdrawn in writing filed with the Tribunal:
a. 1950, 1970, 2160, 2180, and 2200 Highway 7, 137 Bowes Road, and 11260 and 11424 Jane Street, City of Vaughan (Appeal No. 002832 of the Comprehensive Zoning By-law 001-2021 filed by Cortel Group Inc.).
“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.
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