Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 17, 2025

CASE NO.: OLT-22-002653 OLT-22-002655 OLT-22-002104

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

Applicant/Appellant: Tesmar Holdings Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit the development of a 30-storey residential building in Phase 2 Reference Number: OP.21.020 Property Address: Part of Lot 15, Concession 4 Municipality/UT: Vaughan/York OLT Case No: OLT-22-002653 OLT Lead Case No: OLT-22-002653 OLT Case Name: Tesmar Holdings Inc. v. Vaughan (City)

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

Applicant/Appellant: Tesmar Holdings Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit the development of a 30-storey residential building in Phase 2 Reference Number: Z.21.041 Property Address: Part of Lot 15, Concession 4 Municipality/UT: Vaughan/York OLT Case No: OLT-22-002655 OLT Lead Case No: OLT-22-002653

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Appellant: Tesmar Holdings Inc. 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)

BEFORE:

"Steven T. Mastoras" STEVEN T. MASTORAS MEMBER

"P. Tomilin" P. TOMILIN MEMBER

Thursday, the 17th Day of April, 2025

Final Order

THIS MATTER having come before the Tribunal for a Case Management Conference, which was converted to a Settlement Hearing on May 17, 2023, and the Tribunal in its Decision issued June 7, 2023 ("Decision") having withheld its Final Order pending confirmation from Counsel that the Conditions noted in Paragraph 39 of the Decision have been satisfied; and,

THE TRIBUNAL having been notified by Counsel for Tesmar Holdings Inc. that the pre-approval Conditions noted in Paragraph 39 of the Decision have been satisfied and that all Parties have therefore provided their consent for the Tribunal to issue its Final Order.

THE TRIBUNAL ORDERS that the appeal of the Official Plan for the City of Vaughan is allowed, in part, and is amended as set out in the Decision issued on June 7, 2023; and,

THE TRIBUNAL FURTHER ORDERS that the amendment to Zoning By-law No. 1-88 is allowed, in part, as set out in Attachment 1 to this Final Order. The Tribunal authorizes the Clerk of the City of Vaughan to assign a number to this By-law for record keeping purposes; and,

THE TRIBUNAL FURTHER ORDERS that the appeal to amendment Zoning By-law No. 001-2021 is allowed, in part, as set out in Attachment 2 to this Final Order. The Tribunal authorizes the Clerk of the City of Vaughan to assign a number to this By-law for record keeping purposes;

THE TRIBUNAL FURTHER ORDERS that in all other respects, the balance of these appeals are dismissed; and that in the event there are issues arising from the implementation of the above Final Orders, the Parties may seek the further assistance of the Tribunal.

"Euken Lui" EUKEN LUI ACTING 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.

Attachment 1

Attachment 2