Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 11, 2025

CASE NO(S).: OLT-21-001869 (Formerly PL171187)

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

Applicant and Appellant: LCT Investment Group Ltd. Subject: Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment Description: To permit the development of 37 three-storey townhouse dwelling units, 24 three-storey stacked townhouse dwelling units and a one-storey commercial building with 259 square metres of non-residential gross floor area, as well as the retention of the existing two-storey heritage house located at 8204 Kipling Avenue Reference Number: OP.14.010 Property Address/Description: 8158, 8196 & 8204 Kipling Avenue/ Part of Lots 8 & 9, Concession 8 Municipality: City of Vaughan OLT Case No.: OLT-21-001869 Legacy Case No.: PL171187 OLT Lead Case No.: OLT-21-001869 Legacy Lead Case No.: PL171187 OLT Case Name: LCT Investment Group 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: LCT Investment Group Ltd. Subject: Application to amend Zoning By-law No. 1-88, as amended - Neglect of the City of Vaughan to make a decision Description: To permit the development of 37 three-storey townhouse dwelling units, 24 three-storey stacked townhouse dwelling units and a one-storey commercial building with 259 square metres of non-residential gross floor area, as well as the retention of the existing two-storey heritage house located at 8204 Kipling Avenue Reference Number: Z.14.042 Property Address/Description: 8158, 8196 & 8204 Kipling Avenue/ Part of Lots 8 & 9, Concession 8 Municipality: City of Vaughan OLT Case No. OLT-22-001938 Legacy Case No.: PL171188 OLT Lead Case No.: OLT-21-001869 Legacy Lead Case No.: PL171187

Heard: November 21, 2025

APPEARANCES:

Parties LCT Investment Group Ltd. (the “Appellant”) Counsel S. Judson A. Jeanrie

Parties City of Vaughan (the “City”) Counsel C. Dougherty D. Baker (in absentia)

Parties Canuck Properties Limited Counsel I. Kagan

MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON november 21, 2025 AND ORDER OF THE TRIBUNAL

1This second Case Management Conference (“CMC”) was held to prepare for a Hearing on the merits of the Appellant’s appeals to the Tribunal of the failure of the City to make decisions with regard to the Appellant’s applications for an Official Plan Amendment and a Zoning By-law Amendment (the “Appeals”) pertaining to the lands municipally known as 8158, 8196 and 8204 Kipling Avenue in the City (the “Subject Property”) in order to permit a proposed mixed-use development of the Subject Property.

2The Parties have engaged in settlement discussions over a relatively extended period of time but, to date, have not reached a mutually acceptable settlement. The Parties requested that the Tribunal schedule a Hearing on the merits of the Appeals. The Tribunal concurred with this request while continuing to encourage the Parties to engage in settlement discussions with a view to narrowing some or all of the issues of the Appeals.

PROCEDURAL ORDER AND HEARING DATES

3The Parties submitted that approximately 10 hearing days will be required for a Hearing on the merits of the Appeals if all issues remain outstanding to be adjudicated. The Parties anticipate calling expert witnesses in subject matters including land use planning and design, transportation, and railway considerations. The Tribunal is satisfied that 10 hearing days is a reasonable estimate in this regard.

4As directed at the CMC, the Parties submitted a draft Procedural Order (“PO”) including Issues List to the Tribunal and, upon review of same by the Tribunal, the PO attached as Schedule “A” to this Order is approved.

5A Hearing of the Appeals is scheduled to take place by video commencing on Wednesday, June 17, 2026, at 10 a.m. and continue for 10 days, to and including Tuesday, June 30, 2026.

6Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:

GoTo Meeting: https://meet.goto.com/996288525

Access code: 996-288-525

7Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html

8Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 996-288-525.

9Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.

ORDER

10THE TRIBUNAL ORDERS as follows:

a. A Hearing of the Appeals is scheduled to take place commencing on Wednesday, June 17, 2026, at 10 a.m. by video and continue for 10 days, to and including Tuesday, June 30, 2026.

b. The Procedural Order attached as Schedule “A” to this Order is approved.

c. The Tribunal so orders and provides these Case Management Conference directives for the purposes of the case management of the Appeals.

d. The Member is not seized in this matter but will remain available for continued case management to the extent that the Tribunal calendar permits.

e. No further notice of these proceedings is required or will be given.

“D. Arnold”

D. ARNOLD 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.

SCHEDULE “A” – PROCEDURAL ORDER FOR OLT-21-001869

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

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

PROCEDURAL ORDER

The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.

Organization of the Hearing

The video hearing will begin on June 17, 2026. The link to the video hearing is as follows:

GoTo Meeting: https://meet.goto.com/996288525

Access Code: 996-288-525

The parties' initial estimation for the length of hearing of this matter is ten (10) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible. The Procedural Order deadlines are found in Attachment 1.
The parties and participants to this hearing are set out in Attachment 2. Unless the Tribunal directs otherwise, a person who wishes to become a party or participant at the hearings who is not listed in Attachment 2 must make the necessary motion to the Tribunal. The Tribunal may refuse to grant such status.
The issues to be adjudicated at this hearing are set out in the Issues List attached as Attachment 3. There will be no changes to the Issues List unless the Tribunal permits and a party who asks for changes may have costs awarded against it.
The order of evidence in this hearing shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval or by Order of the Tribunal.
The meaning of the terms used in this Procedural Order are identified in Attachment 5.
Any person granted status to participate in the hearings should provide a mailing address, email address, and a telephone number to the Tribunal as soon as possible. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address, and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel, and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.

Requirements Before the Hearing

If the applicant/appellant (LCT Investment Group Ltd.) in OLT-21-001869 intends to seek approval of a revised proposal at the hearing of OLT-21-001869, LCT Investment Group Ltd. shall provide copies of the revised proposal, including any revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before March 2, 2026. LCT Investment Group Ltd. acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for a request to adjourn the hearing of OLT-21-001869.
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of their intended witnesses in the order in which the witnesses will be called during the hearing. This list must be delivered on or before March 13, 2026, and in accordance with paragraph 24 below. A party who intends to call an expert witness must provide a copy of the witness' Curriculum Vitae and detailing the precise area of expertise in which the witness is proposed to be qualified.
Expert witnesses in the same field shall have at least one experts' meeting, which is to be held on a without prejudice and confidential basis (except insofar as it may be necessary for an expert to seek out recourses or information required for the expert to participate – e.g., consult with other experts or counsel) for the purposes of using best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting(s) the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before April 2, 2026.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 25 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement, but the party calling them must file a brief outline of the expert's evidence as in paragraph 24 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence as in paragraph 25 below.
On or before April 28, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 24 below.
On or before April 28, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement unless ordered by the Tribunal.
On or before May 13, 2026, the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 15, 2026, and in accordance with paragraph 24 below.
On or before May 28, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 28, 2026.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 10 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 10, 2026, with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.

This Member is [not] seized.

So orders the Tribunal.

BEFORE: Name of Member: Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1 SUMMARY OF DATES

DATE	EVENT
March 2, 2026	Last day to provide revised proposal, including revised instruments, plans and drawings (if any)
March 13, 2026	Exchange of witness lists (names, disciplines, CVs included)
April 2, 2026	Agreed Statements of Facts and Issues to be filed
April 28, 2026	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
May 13, 2026	Deadline to advise OLT of any reductions in hearing time
May 15, 2026	Exchange of Reply Statements (if any)
May 28, 2026	Exchange of visual evidence (if any)
May 28, 2026	Finalize & submit Joint Document Book
June 10, 2026	Hearing Plan filed with the Tribunal
June 17, 2026	Hearing commences (ten (10) days)

ATTACHMENT 2 LIST OF PARTIES – Request to Amend the Official Plan (CASE NO. OLT-21-001869)

Parties LCT Investment Group Ltd.

Andrew Jeanrie & Samuel Judson Bennett Jones LLP 3400 One First Canadian Place, P.O. Box 130, Toronto, ON, M5X 1A4 T. 416 777 4814 | F. 416 863 1716 Email: JeanrieA@bennettjones.com judsons@bennettjones.com

City of Vaughan

Colin Dougherty Legal Counsel Planning, Growth Management and Housing Delivery 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1 Tel: 905-832-2281, Ext. 8571 Email: colin.dougherty@vaughan.ca

Denise Baker WeirFoulds LLP 201 – 1320 Cornwall Road Oakville, ON L6J 7W5 Tel: 416-947-5090 Fax: 416-365-1876 Email: dbaker@weirfoulds.com

Canuck Properties Limited

Ira Kagan Kagan Shastri DeMelo Winer Park LLP 188 Avenue Road Toronto, ON M5R 2J1 Tel: 416-368-2100, Ext. 226 or 437-781-9549 Email: ikagan@ksllp.ca

ATTACHMENT 3 ISSUES LIST – Request to Amend the Official Plan (CASE NO. OLT-21-001869)

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any party that the issue is either relevant or appropriate. The identification of an issue on this list by a party indicates that party's intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other parties the case they need to meet. Accordingly, no party shall advance an issue not identified on the Issues List without leave of the Tribunal.

LCT Investment Group Ltd. Issues List

Is the proposed development good planning?

Canuck Properties Issues List

Canuck expects to adopt many of the issues raised by the City of Vaughan once it has the opportunity to review them. Pending that review, Canuck’s issues are:

Does the proposed development represent good transportation planning insofar as it proposes to leave the existing Kipling Avenue / Meeting House Road / Canuck private driveway intersection as a jogged intersection?
Should the proposed development be revised to include a new public road through the site, which road would connect the existing Canuck private driveaway to Kipling Avenue at a location which would eliminate the existing jog (Meeting House Road and Kipling Avenue)?
1. If so, should the resulting intersection be signalized?

City of Vaughan Issues List

Is the proposed development consistent with the PPS, and in particular policies 3.4.1, 3.5.1, 3.5.2, and 4.6.1, and associated definitions.
Does the proposed development conform to the York Region Official Plan and in particular policies 2.3.13, and 6.3.53
Does the proposed development conform to the City of Vaughan Official Plan 2010 including but not limited to policies 4.4.1, 4.4.1.5, 5.2.1.2, 9.1.2, 9.2.3.2, 9.2.3.3, 9.2.3.5, 11.2.28.2(e), 11.5.1.1, 11.5.1.2, 11.5.3.6, 11.5.3.15, 11.5.5.1, 11.5.21.5, 11.5.21.6, 11.5.21.12, 11.5.21.14, 11.5.21.15, 11.5.22, 11.5.23, 11.5.30, 12.2
Does the proposed development appropriately protect for the alignment of Rainbow Creek Road in accordance with Figure 11.5.E and Appendix A to the Kipling Avenue Secondary Plan?
Does the proposed development have regard for the Citywide Urban Design Guidelines?
Is the proposed density appropriate for the site?
Does the proposed development appropriately consider and meet the minimum standards in the Guidelines for New Development in Proximity to Railway Operations which require a 30m setback to the existing rail corridor?
Has land use compatibility with the existing industrial facility to the west of the subject site been assessed and does the proposed development implement the necessary mitigation measures?
Has an updated noise report reflecting the proposed site layout been provided to assess noise and vibration?
Does the proposed development conform to the Woodbridge Heritage Conservation District Plan?
Are the proposed Official Plan amendment and Zoning By-law amendment appropriate?

ATTACHMENT 4 ORDER OF EVIDENCE (CASE NO. OLT-21-001869)

LCT Investment Group Ltd. (Appellant)
City of Vaughan (Municipality)
Canuck Properties Limited (Added Party)
LCT Investment Group Inc (In Reply (if any))

ATTACHMENT 5

Meaning of terms used in the Procedural Order:

A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.

NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.

Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.

A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert's duty.

A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a statement of the participant's position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:

direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.

LCT Investment Group Ltd. v. Vaughan (City), 2025 CanLII 130910

Case Summary