Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 21, 2025
CASE NO(S).:
OLT-25-000033
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
2708971 Ontario Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the development of a 21-storey residential tower on a 12-storey podium containing a total of 339 residential units and having a Floor Space Index ("FSI") of 5.45 times the area of the lot
Reference Number:
OP.21.025
Property Address:
9650 Highway 27
Municipality/UT:
City of Vaughan/ Regional Municipality of York
OLT Case No.:
OLT-25-000033
OLT Lead Case No.:
OLT-25-000033
OLT Case Name:
2708971 Ontario Inc. 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:
2708971 Ontario Inc.
Subject:
Application to amend the Zoning By-law – Neglect to make a decision
Description:
To permit the development of a 21-storey residential tower on a 12-storey podium containing a total of 339 residential units and having a Floor Space Index ("FSI") of 5.45 times the area of the lot
Reference Number:
Z.21.053
Property Address:
9650 Highway 27
Municipality/UT:
City of Vaughan/ Regional Municipality of York
OLT Case No.:
OLT-25-000034
OLT Lead Case No.:
OLT-25-000033
Heard:
May 14, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
2708971 Ontario Inc.
Stephanie Fleming
Russell Cheeseman (in absentia)
City of Vaughan
Max B. Rubin
Effie Lidakis (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARON L. DIONNE ON MAY 14, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the Tribunal’s Decision and Order stemming from a first Case Management Conference (“CMC”) on appeals by 2708971 Ontario Inc. (“Applicant/Appellant”) affecting lands known municipally as 9650 Highway 27 in the City of Vaughan (“Subject Property”). The appeals relate to the failure of the Council of the City of Vaughan to make a decision within the statutory timeframes specified in the Planning Act, R.S.O., 1990, c. P.13, as amended (“Act”) for Official Plan Amendment and Zoning By-law Amendment applications (“Applications”).
2The Applications seek to amend the City of Vaughan Official Plan (“COP”) to redesignate the land use from “Natural Areas” to “High-Rise Residential”; to amend the Vaughan Urban Structure to redesignate from “Natural Areas” and “Countryside” to “Community Areas”; and to remove a portion of the Subject Property from “Core Features” identified in the Natural Heritage Network. The Applications also seek to rezone the lands from “OS1 – Open Space Conservation Zone” to “RA3 Apartment Residential Zone and OS1 Open Space Conservation Zone”, together with site-specific exceptions.
3The Tribunal received an Affidavit of Service, sworn on April 23, 2025, confirming that proper notice of this CMC was given, and marked same as Exhibit 1.
REQUESTS FOR STATUS
4The Tribunal considered requests for Participant status from Patrick Barrett, Deborah Schulte, and John Cutler. Each of the requestors detailed their land use planning, natural hazards (flooding), natural heritage, and related concerns about the Applications and the proposed development of the Subject Property in their respective Participant Statements. The Tribunal granted Participant status to each of the requestors as an individual and received their Participant Statement.
5Specifically with respect to the request made by John Cutler, wherein he indicated that he is submitting comments on behalf of the Kleinburg and Area Ratepayers Association (“KARA”), the Tribunal was not able to seek clarification as to what type of entity KARA is as Mr. Cutler was not able to attend the CMC due to a last-minute medical appointment. However, having canvassed the Parties, the Tribunal directed that should written confirmation of KARA being an incorporated entity be provided to the Tribunal, along with a written authorization for Mr. Cutler to make submission on behalf of KARA in this matter, the Tribunal is prepared to swap the Participant status from that of an individual person to KARA. The Tribunal hereby directs that the Participant submit the necessary documentation to the Tribunal by no later than the end of day on Friday, May 30, 2025.
PROCEDURAL MATTERS
6The Tribunal was advised that the Applicant/Appellant has appealed the City’s Comprehensive Zoning By-law (Tribunal File No. OLT-22-002014) and will be requesting that the appeal be heard together with the appeals before the Tribunal in this CMC.
7The Parties agreed on the procedural next steps and were seeking the scheduling of a second CMC, preferably in the month of July 2025. The timing for the second CMC will allow for the following action items to be undertaken:
i) The City to seek a Motion to separate the Applicant/Appellant’s appeal of the City’s Comprehensive Zoning By-law (Tribunal File No. OLT-22-002014) for the purposes of then seeking to consolidate that appeal with the matters before the Tribunal in this CMC;
ii) The Counsel for the City to seek directions from the City Council on the Applications;
iii) The City to provide its Issues List (“IL”) for incorporation into a draft Procedural Order (“PO”); and,
iv) For the Parties to have some discussion as to whether there is any interest in Tribunal-led mediation to potentially scope and/or resolve the issues between them.
8In respect of the timing, Counsel for the City undertook to submit its IL and a draft PO by no later than the end of June 2025.
9The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.
NEXT STEPS
10A second CMC is scheduled to proceed by Video Hearing on Thursday, July 17, 2025 at 10 a.m. The second CMC will provide an opportunity for the Tribunal to consider the request for consolidation of the Applicant/Appellant’s various appeals, to provide a touchpoint with the Tribunal as to the progress of discussions between the Parties, and to finalize a PO and IL.
11Parties and Participants 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/687587165
Access Code: 687-587-165
12Parties and 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
13Persons 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 as indicated above.
14Individuals 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
15THE TRIBUNAL ORDERS THAT:
a. Participant Status is granted to Patrick Barrett and Deborah Schulte;
b. Participant Status is also granted to John Cutler, in accordance with the directions and rulings on Participant status, as set out above;
c. A second Case Management Conference is scheduled for Thursday, July 17, 2025, as set out above;
d. The City provides its Issues List by no later than Monday, June 30, 2025; and
e. The Parties submit a draft Procedural Order to the Tribunal no later than Friday, July 11, 2025.
16There will be no further notice.
17This Member is not seized.
“Sharon L. Dionne”
SHARON L. Dionne
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.