Avenue 7 Developments Ltd. v. Vaughan (City), 2025 CanLII 121092

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 21, 2025

CASE NO.: OLT-24-000031

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Avenue 7 Developments Ltd. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office pace, 10,495 square metres of retail space and ,352 square metres of community space Reference Number: OP.22.008 Property Address: 2267 Highway 7 and 7700 Keele Street Municipality/UT: City of Vaughan/Regional Municipality of York OLT Case No.: OLT-24-000031 OLT Lead Case No.: OLT-24-000031 OLT Case Name: Avenue 7 Developments Ltd. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Avenue 7 Developments Ltd. Subject: Application to amend the Zoning By-law –Neglect to make a decision Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space Reference Number: Z.22.015 Property Address: 2267 Highway 7 and 7700 Keele Street Municipality/UT: City of Vaughan/Regional Municipality of York OLT Case No.: OLT-24-000032 OLT Lead Case No.: OLT-24-000031

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Avenue 7 Developments Ltd. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the redevelopment of the subject lands with eight (8) new mixed-use buildings ranging in height from 6 to 60 storeys to be grouped in four (4) buildings connected by podiums ranging in height from one (1) to seven (7) storeys that will be focused around a new centrally located 5,602 square metre public park and to consist of 3,000 residential units over 242,834 square metres of residential Gross Floor Area, as well as 10,526 square metres of office space, 10,495 square metres of retail space and 1,352 square metres of community space Reference Number: 19T-22V002 Property Address: 2267 Highway 7 and 7700 Keele Street Municipality/UT: City of Vaughan/Regional Municipality of York OLT Case No.: OLT-24-000033 OLT Lead Case No.: OLT-24-000031

BEFORE:

ERIC S. CROWE ) MEMBER )

Friday, the 14th day of November, 2025

THESE MATTERS, in respect of the lands at 2267 Highway 7 and 7700 Keele Street in the City of Vaughan (“City”), having come for a Case Management Conference on September 18, 2024 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued an Oral Decision on September 18, 2024; and

THE TRIBUNAL, having been advised by Avenue 7 Developments Ltd. (Avenue 7”) and the City Canadian National Railway Company (“CN”), Doney Hill Holdings Inc. (and, subsequently, Doney 80 Corp.) (“Doney”) and Kohl & Frisch Limited/2225928 Ontario Limited (K&F”), (“the Parties”) that a full uncontested settlement had been reached, on consent. Avenue 7 has also entered into separate Minutes of Settlement (“MOS”) with CN, Doney, and K&F to address their respective issues and recognize the Settlement Proposal and the proposed planning instruments, and as a result of the settlement reached between Doney and Avenue 7, Doney has undertaken to submit communication to the Tribunal advising it has formally withdrawn its appeal of the Proposed Development per the Doney Minutes;

AND THE TRIBUNAL, having received and considered the expert opinion evidence from Mr. Ryan Mino-Leahan, RPP, MCIP, as set out in the Affidavit of Ryan Mino-Leahan, sworn November 12, 2025 (the “Mino-Leahan Affidavit” (Exhibit 1)) filed on consent of the Parties;

AND THE TRIBUNAL, having considered the expert opinion from Mr. Mino-Leahan regarding the Participant’s issues with respect to height, density, impacts on servicing and transportation related impacts, in Mr. Mino-Leahan’s opinion, the proposed height, density and land use is appropriate and represents an appropriate form of development on lands identified for intensification by the Region and City. The Transportation issues have been resolved and approved by the City, Region and K&F. In addition, in Mr. Mino-Leahan’s opinion, the Proposed Development and Avenue 7 Instruments support the appropriate development of the Subject Lands and the transportation improvements contemplated can be appropriately integrated into any future coordinated development plans for lands on the east side of Keele Street;

AND THE TRIBUNAL, having been advised of the pre-conditions to the issuance of a Final Order in this matter requested by the City, CN, and K&F, and consented to by Avenue 7, which have not yet been met;

AND THE TRIBUNAL, having accepted the uncontradicted expert land use planning opinion evidence of Mr. Mino-Leahan that Avenue 7 Planning Instruments, as set out in Exhibits “J”, “K” and “L” in Mr. Mino-Leahan’s affidavit have appropriate regard for matters of provincial interest, are consistent with the 2024 PPS, conform to the York Region OP 2022, is in keeping with the objectives and intent of the City of Vaughn OP 2010 and conforms with the Official Plan policies when read as a whole and in the context of the proposed Official Plan. The Proposed Development represents good planning and is in the public interest. The Draft Plan of Subdivision (“DPOS”) has regard for the criteria provided in Section 51(24) of the Act. The DPOS through the applications has appropriate regard for matters of Provincial Interest. The DPOS is in the public interest and is not premature as it will provide new public streets and a new public park to support the Proposed Development and surrounding community. The DPOS conforms to the goals and objectives of the City of Vaugh OP 2010 and has regard for surrounding lands. The layout of the roads and parks have been evaluated by City and Region staff and meet all standards while the development block can be developed with the intended form of development as illustrated on the conceptual site plan. The DPOS is supported by a Transportation Impact Study and Functional Servicing Report which conclude there is existing servicing and Transportation infrastructure to support the Proposed Development;

NOW THEREFORE:

THE TRIBUNAL ORDERS THAT;

1. The appeals by Avenue 7 of the Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications in connection with lands municipally known in 2025 as 2267 Highway 7 and 7700 Keele Street (the “Site”) the appeal is allowed [in part], on an interim basis, contingent upon confirmation, satisfaction or receipt of those pre-requisite matters noted below, and the Zoning By-law Amendment set out in Exhibit I and K to Mr. Mino-Leahan Affidavit, is hereby approved in principle. are allowed, in part;

2. The development proposal as generally depicted on the plans prepared by BDP Quadrangle dated September 11, 2025 filed as Exhibit “I” to the Mino-Leahan Affidavit is approved in principle;

3. The amendment to the City of Vaughan Official Plan 2010 filed as Exhibit “J” to the Mino-Leahan Affidavit, together with the amendment to the City of Vaughan Zoning By-law No. 1-88 filed as Exhibit “K” to the Mino-Leahan Affidavit and the amendment to the City of Vaughan Zoning By-law No. 001-2021 filed as Exhibit “L” to the Mino-Leahan Affidavit (collectively, the “Planning Instruments”) are approved in principle subject to paragraph 4 of this Interim Order;

4. The Final Order approving the Planning Instruments shall be withheld until: a. The City Solicitor and Avenue 7 advise the Tribunal that: (i) the Official Plan Amendment is in a final form satisfactory to the City; and (ii) the Zoning By-law Amendments are in final forms satisfactory to the City, which shall include a Holding Symbol (H), and shall not be removed from the Site until the holding conditions set out in the Agreed Statement of Facts filed as Exhibit “O” to the Mino-Leahan Affidavit are addressed to the satisfaction of the City; b. Avenue 7 and CN advise the Tribunal that the Development Agreement between Avenue 7 and CN executed on October 17, 2025 (the “CN Development Agreement”), Environmental Easement, and Postponements have been registered and certified on title to the Site in accordance with sections 17 and 18 of the CN Development Agreement; c. Avenue 7 and K&F advise the Tribunal that: i. a site plan application, and any application for zoning relief, related to the transportation modifications related to access and egress from Street ‘2’ to lands owned by K&F known municipally in 2025 as 7622 Keele Street, in accordance with paragraphs 6 to 10 of the Minutes of Settlement between Avenue 7 and K&F executed on October 15, 2025 (the “K&F Minutes of Settlement”), are approved and in force, and that such approvals are final and binding with all appeal periods and/or request for review periods having expired; ii. a one-time payment have been paid by Avenue 7 to K&F’s solicitor in escrow in accordance with paragraph 28 of the K&F Minutes of Settlement;

5. The Draft Plan of Subdivision prepared by KLM Planning dated November 29, 2023 filed as Exhibit “N” to the Mino-Leahan Affidavit is approved in principle subject to the items in paragraph 4.b of this Interim Order being completed and the conditions of Draft Plan set out in paragraph 6 of this Interim Order;

6. The Tribunal approves the conditions of Draft Plan approval as set out in the Agreed Statement of Facts filed as Exhibit “O” to the Mino-Leahan Affidavit and, pursuant to subsection 51(56.1) of the Planning Act, the City shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Planning Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to;

7. The Final Order will issue after the Tribunal has reviewed and approved the final form of the Planning Instruments; and

8. The Tribunal may be spoken to in the event matters should arise in connection with the implementation of this Order

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN

REGISTRAR

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.