Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 21, 2025 CASE NO(S).: OLT-24-000811

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

Applicant/Appellant: 3300 Rutherford Developments Inc.

Subject: Request to amend the Official Plan – Failure to adopt the requested amendment

Description: To facilitate a high-rise mixed-use development, up to 29 storeys high and with 2,009 units

Reference Number: OP.23.001

Property Address: 3300 Rutherford Road

Municipality/UT: Vaughan/York

OLT Case No: OLT-24-000811

OLT Lead Case No: OLT-24-000811

OLT Case Name: 3300 Rutherford Developments Inc. v Vaughan (City)

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

Applicant/Appellant: 3300 Rutherford Developments Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To facilitate a high-rise mixed-use development, up to 29 storeys high and with 2,009 units

Reference Number: Z.23.002

Property Address: 3300 Rutherford Road

Municipality/UT: Vaughan/York

OLT Case No: OLT-24-000812

OLT Lead Case No: OLT-24-000811

Heard: January 16, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
3300 Rutherford Developments Inc. ("Applicant/Appellant")	Patrick Harrington, John Pappas (in absentia)
City of Vaughan ("City")	Zaynab Al-waadh

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON JANUARY 16, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the Tribunal’s Decision and Order stemming from a second Case Management Conference (“CMC”) on the appeals of 3300 Rutherford Developments Inc., in respect of the failure of the Council of the City of Vaughan to make decisions on planning applications for amendments to the City’s Official Plan and Zoning By-law, affecting the lands municipally known as 3300 Rutherford Road in the City of Vaughan (“Subject Property”).

2The Subject Property is located northeast of the interchange of Highway No. 400 and Rutherford Road, and is currently the site of a commercial strip plaza. The Applicant/Appellant is seeking approvals to comprehensively redevelop the Subject Property as four mixed use development blocks, two public roads, and a public park.

REQUESTS FOR STATUS

3The Tribunal received notice from Jason Frittaion on behalf of the Southwest Maple Community Group advising that he was not pursing Party Status in this case.

4The Tribunal received no further requests for Party or Participant status.

PROCEDURAL MATTERS

5The Tribunal was advised that the Parties have been engaged in without prejudice discussions, to find some resolution to, and scoping of, the issues between them, which has involved a resubmission of the plans/drawings related to the development proposal. The Parties advised that City Staff had refused the revised applications.

6The Tribunal was in receipt of a draft Procedural Order (“PO”) and Issues List submitted by the Parties.

7The Parties agreed on procedural matters and were seeking the scheduling of a ten (10) day hearing considering that there may be four (4) experts for each Party. Based on the submissions of the Parties and the complexity of the case the Tribunal finds 10 days reasonable.

8The Tribunal inquired as to whether there were any other matters to be addressed, and the Parties indicated there were none.

NEXT STEPS

9A ten (10) day Merit Hearing is scheduled to commence at 10 a.m. on Monday, September 15, 2025 and to continue to and including Friday September 26, 2025 by video conference.

10The Tribunal directs the Parties, in the event the matters are not settled, to prepare a final PO and Issues List and to submit same by no later than 4:30 p.m. on Tuesday, September 02, 2025. The Tribunal has encouraged the Parties to continue to narrow the issues.

11Parties 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://global.gotomeeting.com/join/442599157

Access Code: 442-599-157

12Persons 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 as indicated in paragraph 11 above.

13Individuals 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.

MEDIATION

14The Parties were encouraged to request, through the Case Coordinator, Tribunal-facilitated mediation to assist with settlement discussions should the parties deem it potentially helpful in this regard.

ORDER

15THE TRIBUNAL ORDERS as follows:

(a) a ten (10) day Merit Hearing of the appeals is scheduled to take place on Monday, September 15, 2025 at 10 a.m. to Friday, September 26, 2025, by video;

(b) a final Draft PO and Issues List is to be delivered to the Tribunal no later than 4:30 p.m. Tuesday, September 02, 2025;

(c) no further Notice is required; and,

(d) the Member is not seized but will remain available for continued case management to the extent that the Tribunal calendar permits.

“Eric S. Crowe”

ERIC S. CROWE 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.