Ontario Land Tribunal

Tribunaux de l’aménagement du territoire Ontario

ISSUE DATE: May 21, 2025 CASE NO(S).: OLT-24-001153

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

Applicant and Appellant: Newdev Investments Ltd. & 1375920 Ontario Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: to construct two 3-storey back-to-back stacked townhouse blocks Reference Number: OPA/ZBA 18 139486 Property Address: 5305 & 5307 Highway 7 East Municipality/UT: City of Markham OLT Case No.: OLT-24-001153 OLT Lead Case No.: OLT-24-001153 OLT Case Name: Newdev Investments Ltd. & 1375920 Ontario Limited v. Markham (City)

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

Applicant and Appellant: Newdev Investments Ltd. & 1375920 Ontario Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: to construct two 3-storey back-to-back stacked townhouse blocks Reference Number: OPA/ZBA 18 139486 Property Address: 5305 & 5307 Highway 7 East Municipality/UT: City of Markham OLT Case No.: OLT-24-001154 OLT Lead Case No.: OLT-24-001153

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Newdev Investments Ltd. & 1375920 Ontario Limited Subject: Site Plan Description: to permit stacked townhouses including site specific development standards Reference Number: SPC 20 139486 Property Address: 5305 & 5307 Highway 7 East Municipality/UT: City of Markham OLT Case No.: OLT-24-001152 OLT Lead Case No.: OLT-24-001153

Heard: May 6, 2025 by video hearing

APPEARANCES:

Parties	Counsel
Newdev Investments Ltd. & 1375920 Ontario Ltd. (“Appellant”)	Johanna Shapira
City of Markham (“City”)	Maggie Cheung-Madar

MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON MAY 6, 2025 AND ORDER OF THE TRIBUNAL

1This was the first hearing event for this matter. The Appellant is appealing the non-decision of the City concerning their applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”).

2The applications are to facilitate the demolition of an existing single-detached dwelling and construct two 3-storey stacked back-to-back townhouse blocks comprised of 32 residential units.

3The Tribunal received an Affidavit of Service for this matter and marked it has Exhibit 1.

4The Parties were made aware of Tribunal-led mediation; however, they believe that a Merit Hearing will be necessary.

5The Tribunal received two Participant Status requests prior to this event from Ron Spina and Wanda Holling. Both are neighbours and have an interest in this matter. The Parties raised no objections for either request and the Tribunal granted both individuals Participant Status. It should be noted that Ms. Holling was not present.

6The Parties presented a draft Procedural Order (“PO”) however they asked for further time to finalize it. Attached as Schedule 1 is the Tribunal approved PO that had been submitted after this Case Management Conference which will govern the Merit Hearing.

7The Tribunal directs as follows:

1. Mr. Spina and Ms. Holling are granted Participant Status; and
2. A Merit Hearing will be heard at 10 a.m. on Monday, October 6, 2025 – Friday, October 10, 2025, by Video.

8Parties are asked to log into 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/519389173

Access code: 519-389-173

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.

10Individuals 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 into an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The Access Code is 519-389-173.

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

12THE TRIBUNAL ORDER its directions as set out tin this Decision.

13The Member is not seized but may be spoken to if there are difficulties satisfying its direction in this Decision.

“A. Sauve”

A. SAUVE 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.

Ontario Land Tribunal 655 Bay Street, Suite 1500 Toronto ON M5G 1E5 Telephone: (416) 212-6349 Toll free: 1-866-448-2248 Website: olt.gov.on.ca

Tribunaux de l’aménagement du territoire Ontario 655 rue Bay, bureau 1500 Toronto ON M5G 1E5 Téléphone: (416) 212-6349 Sans Frais: 1-866-448-2248 Site Web : olt.gov.on.ca

SCHEDULE 1

ISSUE DATE: May 21, 2025 CASE NO.: OLT-24-001152 OLT-24-001153 OLT-24-001154

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

Appellant: Newdev Investments Ltd. & 1375920 Ontario Limited Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To construct two 3-storey back-to-back stacked townhouse blocks Reference Number: OPA/ZBA 18 139486 Property Address/Description: 5305 & 5307 Highway 7 East Municipality: City of Markham OLT Case No.: OLT-24-001153 OLT Lead Case No.: OLT-24-001153 OLT Case Name: Newdev Investments Ltd. & 1375920 Ontario Limited v. Markham (City)

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

Appellant: Newdev Investments Ltd. & 1375920 Ontario Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To construct two 3-storey back-to-back stacked townhouse blocks Reference Number: OPA/ZBA 18 139486 Property Address/Description: 5305 & 5307 Highway 7 East Municipality: City of Markham OLT Case No.: OLT-24-001154 OLT Lead Case No.: OLT-24-001153

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Newdev Investments Ltd. & 1375920 Ontario Limited Subject: Site Plan Description: To permit stacked townhouses including site specific development standards Reference Number: SPC 20 139486 Property Address/Description: 5305 & 5307 Highway 7 East Municipality: City of Markham OLT Case No.: OLT-24-001152 OLT Lead Case No.: OLT-24-001153

PROCEDURAL ORDER

1. 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

2. The hearing will begin on October 6, 2025 at 10:00 a.m. as directed in the Tribunal's Decision and Order.

3. The length of the hearing will be 5 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 generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. 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.

6. The order of evidence is tentatively set out in Attachment 4 to this Order, but may be changed at the request of the Parties in advance of the hearing. 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.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

8. If the hearing is to proceed electronically, 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 (https://olt.gov.on.ca/guides/).

Requirements Before the Hearing

9. If the Appellant intends to present a revised concept plan for approval at the hearing, the Appellants will circulate the revised concept plan to the Parties and the Tribunal on or before June 24, 2025. Revised concept plans delivered after this date may be the subject of an adjournment motion by another Party. For greater clarity, this provision does not preclude modifications being made to the plan through the exchange of witness statements.If a revised concept plan is circulated, the Parties may amend their issues list on or before August 12, 2025.

10. A Party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other Parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 31, 2025. For expert witnesses, a party is to identify the area of expertise in which the witness is proposed to be qualified and a copy of their curriculum vitae.

11. Expert witnesses in the same discipline(s) shall have at least one meeting before the hearing to try to resolve or reduce the issues for the hearing. The experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to all of the Parties and the Tribunal on or before August 12, 2025 if agreement is reached.

12. 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, the acknowledgement of expert’s duty and curriculum vitae. Copies of this must be provided as in Section 15. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other Parties at the same time as the delivery of expert witness statements, as in Section 15.

13. A witness or participant must provide to the Tribunal and the Parties a witness statement or participant statement, respectively, on or before August 26, 2025 or the witness or participant may not give oral evidence at the hearing. Participants are only permitted to provide written evidence to the Tribunal, unless otherwise permitted by the Tribunal.

14. 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 Section 15.

15. On or before August 26, 2025 the Parties shall provide copies of their witness statements and expert witness statements (in accordance with section 12 herein) to the other Parties and to the Tribunal.

16. On or before September 11, 2025 the Parties may provide to all other Parties a written response to any written evidence.

17. On or before September 24, 2025 the Parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before September 30, 2025 the Parties shall provide copies of their visual evidence to the other Parties. The Tribunal and all Parties shall be notified if a model will be used, all Parties must have a reasonable opportunity to view it before the scheduled commencement of the hearing.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. Such a motion shall be in accordance with the Tribunal’s Rule 10, which requires that the moving Party provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion.

20. A Party who provides a witness’ written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

21. On or before October 1, 2025 the Parties shall prepare and file a detailed Work Plan that identifies the following, at a minimum: the identified Parties participating in the Hearing Event, preliminary matters (if any to be addressed), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for Examination in Chief, Cross Examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event.

22. The Parties undertake to make best their efforts to avoid duplicative evidence to the extent possible.

23. The Parties shall prepare a Joint Document Book on or before October 1, 2025 and one (1) hard copy if the Tribunal so wishes will be filed with the Tribunal as soon as practicable in advance of the Hearing. All Parties must be served with the Joint Document Book in an accessible electronic format in accordance with Section 4.

24. If a Party intends to seek approval of revised official plan policies or zoning by-law amendments at the hearing, the Party shall provide copies of the revised language to the other Parties with their witness statements as exchanged in accordance with Section 15.

25. All filing of documents and materials shall be electronic to the Tribunal, the Parties and Participants (if any). The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, dated July 2, 2020, or as may be amended. Section 23 applies regardless if the hearing event is in-person or electronic.

26. 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.

27. The Tribunal may conduct mediation on consent of all Parties, or on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

28. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member ) Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
June 24, 2025	Revised concept plans may be circulated
July 31, 2025	Exchange of witness lists (names, disciplines and order to be called)
August 5, 2025	Last date to challenge identification of expert witness
August 12, 2025	Agreed Statement of Facts filed with the Tribunal (if agreement)
August 26, 2025	Exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant Statements
September 11, 2025	Exchange of Reply Statements (if any)
September 24, 2025	Advise Tribunal if all hearing dates required
September 30, 2025	Exchange of visual evidence (if any)
October 1, 2025	Joint Document Book and Hearing Plan
October 6, 2025	Hearing commences for 5 days

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

PARTIES

Name	Contact Information

1. Newdev Investments Ltd. & 1375920 Ontario Limited | Wood Bull LLP
   65 Queen Street West, Suite 1400
   Toronto, ON M5H 2M5 Johanna Shapira
   Tel: (416) 203-5631
   E-mail: jshapira@woodbull.ca
2. City of Markham | Maggie Cheung-Madar
   101 Town Centre Blvd.
   Markham, ON L3R 9W3
   E-mail: mcheung-madar@markham.ca

PARTICIPANTS

Name	Contact Information

1. Wanda Holling | 35 Gladiator Road
   Markham, ON L3P 1J1
   Email: Brian.holling@sympatio.ca
2. Ron Spina | 32 Gladiator Road
   Markham, ON L3P 1J1
   Email: rspina@sympatico.ca

ATTACHMENT 3

ISSUES LIST

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 and shall not be construed as the Tribunal have jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

City of Markham

1. Does the Proposed Development have appropriate regard for the matters of provincial interest set out in Section 2 of the Planning Act, including but not limited to subsections: (h) the orderly development of safe and healthy communities; (h.1) the accessibility for persons with disabilities to all facilities, services and matters to which this Act applies; (r) the promotion of built form that, (i) is well-designed, (ii) encourages a sense of place, and (iii) provides for public spaces that are of high quality, safe, accessible, attractive and vibrant?

2. Is the Proposed Development consistent with the Provincial Planning Statement (2024) as required by Section 3 of the Planning Act, including but not limited to subsections:

• 2.1.6 b) and c)?

3. Does the Proposed Development conform to the 2022 York Region Official Plan, including but not limited to sections:

• 2.3.13, 2.3.39, 2.3.41, 2.3.42 (the Foundation for Complete Communities);
• 4.4.1, 4.4.10, 4.4.17, 4.4.19, 4.4.24 i.(an Urbanizing Region)?

4. Does the Proposed Development conform to and have appropriate regard for the 2014 City of Markham Official Plan, including but not limited to sections:

• 2.4.3 (a Framework for Sustainable Growth);
• 4.1.3.2 c) (Healthy Neighbourhoods and Communities),
• 6.1.2.5 a), 6.1.8.2, 6.1.8.3, 6.1.8.4 a), b), e), and h) i., vii; 6.1.8.5 a) and b), 6.1.8.6 a), 6.1.8.7 c), 6.2.3.1 a) iii (Urban Design and Sustainable Development);
• 8.2.1.1, 8.2.3.1 a), h) and i) (Land Use);
• 9.14.2 (Area and Site-Specific Policies)?

5. Is the Proposed Development too dense to permit appropriate site circulation?

6. Is the Proposed Development compatible with the existing and planned context?

7. Are the proposed massing and scale, building setbacks appropriate and do they represent good planning?

8. Are the proposed sidewalks, internal walkways and streetscape, functional and appropriate?

9. Is the proposed waste storage appropriate and functional?

10. Is there adequate snow storage on the subject site?

11. Are there any unacceptable adverse privacy and overlook impacts from the Proposed Development?

12. If the proposed site plan is approved, what are the appropriate conditions, aside from the usual requirements imposed by the City?

• Execution of an agreement with the City to submit and implement a Travel Demand Management Plan, along with the associated letter of credit

13. Does the Proposed Development represent good planning and is it in the public interest?

14. If the proposed development is approved in whole or in part, should the Tribunal's final Order be withheld until the final form and content of the draft Official Plan Amendment and Zoning By-law Amendment are in a form satisfactory to the City?

ATTACHMENT 4

Order of Evidence

1. Newdev Investments Ltd. & 1375920 Ontario Limited
2. City of Markham
3. Newdev Investments Ltd. & 1375920 Ontario Limited (in reply)

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

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. If an unincorporated group wishes to become a Party, 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 authorization 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, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as Parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a Party 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 intends to present as evidence at the hearing.

Witness Statements:

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 the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (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 for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A Party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the Parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

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.