Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 12, 2025
CASE NO(S).: OLT-24-000740
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Applicant and Appellant: U-Pak Disposals Limited
Subject: Passing of Application
Description: To designate the subject property as being of cultural heritage value or interest
Reference Number: By-law 142-2024
Property Address: 6181 Major Mackenzie Drive
Municipality/UT: City of Vaughn
OLT Case No: OLT-24-000740
OLT Lead Case No: OLT-24-000740
OLT Case Name: U-Pak Disposals Limited v. Vaughan (City)
Heard: October 16, 2025, by Video Hearing
APPEARANCES:
Parties U-Pak Disposals Limited
Counsel*/Representative Charles Loopstra* David Lee
Parties City of Vaughan
Counsel*/Representative Max Rubin* Vanessa Lio
DECISION DELIVERED BY JENNIFER CAMPBELL AND ORDER OF THE TRIBUNAL
1This Decision arises from a Merit Hearing (“Hearing”) brought before the Tribunal regarding the appeal brought by U-Pak Disposals Limited (“Appellant”) concerning an objection to By-Law No. 142-2024 passed by the City of Vaughan (“Respondent”) designating the property located at 6181 Major Mackenzie Drive, Vaughan, Ontario (“Property”) under the Ontario Heritage Act (“Act”).
BACKGROUND
2Cultural heritage staff of the Respondent submitted an initial report proposing designation of the Property under the Act for Heritage Vaughan Committee recommendation to Council of the Respondent, on September 20, 2023. This matter was reviewed at a Committee of the Whole hearing on October 11, 2023, and Council of the Respondent affirmed its intent to designate the Property by publishing the intent on October 17, 2023.
3The Appellant subsequently filed an objection to the designation on March 28, 2024, following which the Parties and their advisors engaged in various communications and staff of the Respondent, and ultimately submitted an updated report to the Council of the Respondent. Despite the objection, the Respondent approved the designation and By-Law 142-2024 designating the Property under the Act in recognition of its cultural heritage significance was implemented on October 17, 2024.
4The Appellant has appealed By-Law No. 142-2024 to the Tribunal on the following basis:
(i) The notice of intent to designate refers to only the heritage value of the buildings located on the Property, of which the Respondent is part owner as such buildings straddle the property line following a 2015 expropriation;
(ii) The construction of a deep storm sewer adjacent to the buildings may have affected their structural integrity; and
(iii) The buildings have been unoccupied for many years.
5The Appellant also disputes the accuracy of By-Law 142-2024 which (i) designates the entire Property, whereas Council of the Respondent only recommended designation of part of a building known as “Building A”; and (ii) fails to designate the portion of “Building A” that is located on the region’s property.
REVIEW OF ISSUES
6No draft Procedural Order or Issues List was submitted to the Tribunal in advance of the Hearing. At the Hearing, the Parties canvassed certain of the issues to be adjudicated at a hearing, including whether the Tribunal had jurisdiction to hear a matter relating to designation of property owned by the region. The Parties agreed that they were not in a position to proceed with a hearing given the outstanding issues, and also indicated that a revised cultural heritage evaluation report was in the process of being prepared which may lead to opportunities for settlement.
7Accordingly, at the request of the Parties, the Tribunal proceeded to schedule a Case Management Conference in respect of this matter to be held by Video Hearing on Thursday, February 5, 2026, commencing at 10 a.m.
8Parties and/or Participants and/or Observers are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
9Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is as indicated above.
11Individuals 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.
ORDER
12There will be no further notice.
13This Member is not seized.
“Jennifer Campbell”
JENNIFER CAMPBELL 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.