7553 Islington Holding Inc. v. Vaughan (City), 2025 CanLII 54261

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

June 06, 2025

CASE NO(S).:

OLT-22-002608 (Formerly PL170151)

OLT-21-001787 (Formerly PL111184)

OLT-22-002104

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

Applicant and Appellant:

7553 Islington Holding Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment

Existing Designation:

“Low Density Residential” and “Open Space”

Proposed Designation:

“Medium Density Residential”

Purpose:

To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17-storeys, inclusive of a 7-storey podium

Property Address/Description:

7553 Islington Avenue & 150 Bruce Street/ Part of Block 88, Registered Plan 65M-2059, Lots 4 and 5, Concession 7

Municipality:

City of Vaughan

Approval Authority File No.:

OP.08.017

OLT Case No.:

OLT-22-002608

Legacy Case No.:

PL170151

OLT File No.:

OLT-22-002608

Legacy File No.:

PL170151

OLT Case Name:

7553 Islington Holding 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:

7553 Islington Holding Inc.

Subject:

Application to amend Zoning By-law No. 1-88, as amended – Neglect of application by the City of Vaughan

Existing Zoning:

“A - Agricultural Zone”, “OS1 - Open Space Conservation Zone” and “R1 9(643) – Residential Zone”

Proposed Zoning:

“RA3 – Apartment Residential Zone” and “OS1 – Open Space Zone” with site specific exceptions

Purpose:

To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17-storeys, inclusive of a 7-storey podium

Municipality:

City of Vaughan

Municipal File No.:

Z.16.022

OLT Case No.:

OLT-22-002608

Legacy Case No.:

PL170151

OLT File No.:

OLT-22-002611

Legacy File No.:

PL170152

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant:

1042710 Ontario Limited (aka Royal Centre)

Appellant:

1096818 Ontario Inc.

Appellant:

11333 Dufferin St et al

Appellant:

1191621 Ontario Inc.; and others

Subject:

Failure to announce a decision respecting Proposed Official Plan Amendment No. New Official Plan

Municipality:

City of Vaughan

OLT Case No.:

OLT-21-001787

Legacy File No.:

PL111184

OLT File No.:

OLT-21-001787

Legacy File No.:

PL111184

OLT Case Name:

Duca v. Vaughan (City)

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

Appellant

1042710 Ontario Limited (aka Royal Centre)

Appellant

1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch

Appellant

1150 Centre Street GP Inc.

Appellant

1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. 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)

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

Appellant

1042710 Ontario Limited (aka Royal Centre)

Appellant

1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch

Appellant

1150 Centre Street GP Inc.

Appellant

1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. And others

Subject:

Zoning By-law

Description:

Transitional by-law

Reference Number:

By-law 039-2022

Property Address:

City Wide

Municipality/UT:

Vaughan/York

OLT Case No:

OLT-22-003554

OLT Lead Case No:

OLT-22-002104

Heard:

June 02, 2025, by Telephone Conference Call

APPEARANCES:

Parties

Counsel

7553 Islington Holding Inc.

Matthew Helfand Patrick Harrington (in absentia)

City of Vaughan

Raj Kehar Zaynab Al-Waadh

Toronto and Regional Conservation Authority (“TRCA”)

Tim Duncan Matthew Rutledge

Armando Rosano, Elisa Testa, Vaughanwood Ratepayers Association

Amber Stewart

Regional Municipality of York

Alexis Alyea (in absentia)

Sarno Holdings Corporation

Meaghan McDermid (in absentia) Grace O’Brien (in absentia)

Memorandum of oral DECISION delivered BY STEVEN T. MASTORAS ON JUNE 02, 2025, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This Telephone Conference Call (“TCC”) was scheduled as a Case Management (“CMC”) to specifically deal with the scheduling of the Hearings and Procedural Order and Issues List (“PO/IL”) with respect to the above captioned appeals (“Appeals”) pursuant to the Planning Act, R.S.O. 1990, c. P.13, as amended.

2The Appeals were filed by 7553 Islington Holding Inc. regarding the lands municipally known as 7553 Islington Avenue and 150 Bruce Street (“Subject Lands”) in the City of Vaughan (“City”). The Appeals were previously consolidated by the Tribunal at the request of the Parties, and the matters were administratively divided to be heard through a Phase 1 and Phase 2 Hearing process.

THE PROPOSAL AND PHASE 1 HEARING

3The Appeals are seeking to facilitate the development of a single, 21-storey residential building, with 530 residential units and 549 underground parking spaces. The building is proposed along the side of the valley wall of the Humber River Valley (“HRV”) by removing existing Woodland on the Subject Lands and excavating the valley slope of the HRV system that exists as part of the Subject Lands. Primary vehicular access for the development would be from Islington Avenue, with emergency access being provided from Bruce Street (“Proposal”).

4A Phase 1 Merit Hearing came before the Tribunal between November 4, 2023, to November 23, 2023, and again on May 23, 2024, to May 31, 2024 (“Phase 1 Hearing”). The Decision of the presiding Member with respect to the Phase 1 Hearing was issued on July 29, 2024.

5The Phase 1 Hearing, which saw opposition to the Proposal from the City, the TRCA, and other Parties and/or Participants who remain engaged in these matters, reviewed the applicable policies and regulatory guidelines to contextually determine whether a Site-Specific buildable envelope is feasible. The Tribunal determined that the Appeals could proceed to a Phase 2 Hearing of the Merits to determine whether the Proposal’s scale, built form and degree of intensification were appropriate, on a Site-Specific basis, and to be assessed as to the “suitability and appropriateness of the [Proposal]” within the provincial and municipal policy framework.

PHASE 2 CMC/MOTION

6At the originally scheduled Phase 2 CMC, in January 2025, a Motion by the TRCA and the City requested the bifurcation of the Phase 2 Hearing of the Merits.

7The Tribunal determined that a Phase 2A Hearing would first consider the unresolved natural heritage and hazard land issues as threshold issues, which would establish the permissible building envelope for the Proposal, in consideration of the Environmental Designations. Furthermore, if necessary, the Phase 2B Hearing would follow to consider Site-Specific, land use planning evidence.

8Following consideration of the above noted Decision, and submissions from the Parties at this TCC, the Tribunal further determined that it was appropriate to set down the dates for the Phase 2B Hearing, “to consider remaining planning issues in dispute with respect to the [Proposal], if necessary.” The details for the Phase 2B Hearing, if required, are set out in paragraph [15] below.

HEARINGS SCHEDULE AND PROCEDURAL ORDERS

Phase 2A Hearing

9After careful consideration and canvassing of all the Parties present at this TCC, the Tribunal considered the request for a Phase 2A Hearing that would likely require up to ten (10) days, based on the expectation that up to thirteen (13) witnesses were anticipated. All Parties agreed to the duration of the Phase 2A Hearing, and the Tribunal determined that a ten (10) day Hearing be scheduled to commence on Tuesday, September 2, 2025, and continue until Tuesday, September 16, 2025, at 10 a.m. by Video Conference. The Tribunal will not be sitting on Monday, September 8, 2025.

Tuesday, September 2, 2025, to Tuesday, September 16, 2025, at 10 a.m.

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access Code: 660-145-013

Audio-only Telephone Line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373

Audio-only Access Code: 660-145-013

10Parties 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.

11Parties 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

12Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.

13Individuals are directed to connect to the events on the assigned date at the correct time. It is the responsibility of the persons participating in the events by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this case

14The Tribunal was also in receipt of a final PO/IL on June 4, 2025, on the consent of the Parties, as set out in Schedule A below. This PO/IL is now approved by the Tribunal and is expected to guide the Parties in the lead-up to and including the Phase 2A Hearing as scheduled.

Phase 2B Hearing

15As referenced previously, the Tribunal provided direction that the dates for the Phase 2B Hearing should be set down for a period of ten (10) days commencing on Monday, January 12, 2026, until Friday, January 23, 2026, at 10 a.m. by Video Conference.

Monday, January 12, 2026, to Friday, January 23, 2026, at 10 a.m.

GoTo Meeting: https://global.gotomeeting.com/join/519389173

Access Code: 519-389-173

Audio-only Telephone Line: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373

Audio-only Access Code: 519-389-173

16Please refer to Paragraphs 10 to 13 for Hearing instructions.

Phase 2B CMC

17In anticipation of the above noted Phase 2B Hearing, the Tribunal also provided direction that a two (2) hour CMC is scheduled to commence on Friday November 14, 2025, at 9 a.m., by TCC, as necessary, in order to consider a draft PO/IL, in the lead up to, and including the Phase 2B Hearing. This will also allow the Parties to provide their best efforts to scope issues and help guide the scheduled proceedings.

18Individual(s) are directed to call 416-212-8012 or (Toll Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.

19Finally, the Parties are reminded of the availability of Tribunal-led mediation on mutual consent, if requested in anticipation of any of the Hearing dates as scheduled.

ORDER

20THE TRIBUNAL ORDERS THAT:

1. The Phase 2A Hearing of the Appeals as scheduled above is hereby ordered;

2. The Procedural Order and Issues List for the Phase 2A Hearing, as set out in Schedule A below, is hereby approved;

3. The Phase 2B Hearing of the Appeals, if deemed necessary, is scheduled to commence in accordance with the details as set out above, and is hereby ordered; and,

4. All other Tribunal directions are also hereby ordered.

21The Member is not seized on this matter.

22There will be no further notice.

“Steven T. Mastoras”

STEVEN T. MASTORAS

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

CASE NO(S).: OLT-22-002608

(Formerly PL170151)

OLT-21-001787

(Formerly PL111184)

OLT-22-002104

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

Applicant and Appellant:

7553 Islington Holding Inc.

Subject:

Request to amend the Official Plan - Failure of the City of Vaughan to adopt the requested amendment

Existing Designation:

“Low Density Residential” and “Open Space”

Proposed Designation:

“Medium Density Residential”

Purpose:

To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17-storeys, inclusive of a 7-storey podium

Property Address/Description:

7553 Islington Avenue & 150 Bruce Street/ Part of Block 88, Registered Plan 65M-2059, Lots 4 and 5, Concession 7

Municipality:

City of Vaughan

Approval Authority File No.:

OP.08.017

OLT Case No.:

OLT-22-002608

Legacy Case No.:

PL170151

OLT File No.:

OLT-22-002608

Legacy File No.:

PL170151

OLT Case Name:

7553 Islington Holding 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:

7553 Islington Holding Inc.

Subject:

Application to amend Zoning By-law No. 1-88, as amended – Neglect of application by the City of Vaughan

Existing Zoning:

“A - Agricultural Zone”, “OS1 - Open Space Conservation Zone” and “R1 9(643) – Residential Zone”

Proposed Zoning:

“RA3 – Apartment Residential Zone” and “OS1 – Open Space Zone” with site specific exceptions

Purpose:

To permit the development of a multi-storey residential building containing 490 residential units with variable heights of 12-storeys and 17-storeys, inclusive of a 7-storey podium

Municipality:

City of Vaughan

Municipal File No.:

Z.16.022

OLT Case No.:

OLT-22-002608

Legacy Case No.:

PL170151

OLT File No.:

OLT-22-002611

Legacy File No.:

PL170152

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Appellant:

1042710 Ontario Limited (aka Royal Centre)

Appellant:

1096818 Ontario Inc.

Appellant:

11333 Dufferin St et al

Appellant:

1191621 Ontario Inc.; and others

Subject:

Failure to announce a decision respecting Proposed Official Plan Amendment No. New Official Plan

Municipality:

City of Vaughan

OLT Case No.:

OLT-21-001787

Legacy File No.:

PL111184

OLT File No.:

OLT-21-001787

Legacy File No.:

PL111184

OLT Case Name:

Duca v. Vaughan (City)

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

Appellant

1042710 Ontario Limited (aka Royal Centre)

Appellant

1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch

Appellant

1150 Centre Street GP Inc.

Appellant

1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. 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)

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

Appellant

1042710 Ontario Limited (aka Royal Centre)

Appellant

1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch

Appellant

1150 Centre Street GP Inc.

Appellant

1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd. And others

Subject:

Zoning By-law

Description:

Transitional by-law

Reference Number:

By-law 039-2022

Property Address:

City Wide

Municipality/UT:

Vaughan/York

OLT Case No:

OLT-22-003554

OLT Lead Case No:

OLT-22-002104

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 commence on September 2, 2025, at 10:00 a.m. and will end on September 16, 2025 by Video Hearing.

3. The Parties’ initial estimation for the length of the Hearing is 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.

4. Parties 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/660145013

Access Code: 660-145-013

5. Parties 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

6. Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1 (888) 299-1889. The Access Code is 660-145-013.

7. Individuals 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.

8. The Parties and Participants identified at the case management conference are set out in Attachment 1.

9. The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a Party who asks for changes may have costs awarded against it. Notwithstanding the foregoing, the Issues List may be amended on the consent of the Parties to remove Issues that are resolved or no longer relevant.

10. The order of evidence shall be as set out in Attachment 3 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 the written argument, if any, may be limited either on the Parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

11. The purpose of this Procedural Order and the meaning of the terms used in it are set out in Attachment 4.

12. Any person intending to participate in the Hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. 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.

13. 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

14. If the Applicant/Appellant intends to seek approval of a revised proposal at the Hearing, the Applicant/Appellant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents, and/or reports, to the other Parties on or before June 6, 2025. The Applicant acknowledges that any revisions to the proposal after that date, without consent of the Parties may be grounds for a request to adjourn the Hearing.

15. 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 June 13, 2025 and in accordance with paragraph 28 below. A Party who intends to call an expert witness must provide a completed Acknowledgment of Expert’s Duty and include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

16. Expert witnesses in the same field shall have a meeting on or before June 25, 2025, which is to be held on a without prejudice basis (except insofar as it may be necessary for an expert to seek out recourse 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 the Parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before July 4, 2025.

17. 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 19 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.

18. 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 19 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 17 above.

19. On or before July 25, 2025, 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 28 below.

20. On or before July 25, 2025, a Participant shall provide copies of their written Participant Statement to the other Parties in accordance with paragraph 28 below. A Participant cannot present oral submissions at the Hearing on the content of their written statement, unless ordered by the Tribunal.

21. On or before August 15, 2025 the Parties shall confirm with the Tribunal if all the reserved Hearing dates are still required.

22. On or before August 25, 2025, the Parties shall provide copies of their visual evidence to all of the other Parties in accordance with paragraph 28 below. If a model will be used, all Parties must have a reasonable opportunity to view it before the Hearing.

23. Parties may provide to all other Parties and the OLT case co-ordinator a written response to any written evidence on or before August 15, 2025, after the evidence is received and in accordance with paragraph 28 below.

24. The Parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before August 25, 2025.

25. 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.

26. 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 7 days before the Hearing that the written evidence is not part of their record.

27. The Parties shall prepare and file a preliminary hearing plan with the Tribunal on or before August 25, 2025 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.

28. All filings shall be submitted electronically and in hard copy. 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.

29. 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.

30. A summary of the various procedural dates is contained in Attachment 5.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

ATTACHMENT 1

LIST OF PARTIES / PARTICIPANTS

Parties:

7553 Islington Holding Inc.

Aird & Berlis LLP

Brookfield Place,

181 Bay Street, Ste. 1800

Toronto ON M5J 2T9

Matthew Helfand

Tel: 416-865-4624

Email: mhelfand@airdberlis.com

City of Vaughan

WeirFoulds LLP

4100 – 66 Wellington St. W. PO Box 35, TD Bank Tower Toronto, ON M5K 1B7

Raj Kehar

Tel: 416-947-5051

Email: rkehar@weirfoulds.com

Zaynab Al-waadh

Tel: 905-832-8585 ext. 8063

Email: Zaynab.Al-waadh@vaughan.ca

TRCA

Fogler, Rubinoff LLP

Scotia Plaza 40 King Street West, Ste. 2400 Toronto, ON M5H 3Y2

Tim Duncan

Tel: 416-941-8817

Email: tduncan@foglers.com

Armando Rosano, Elisa Testa, Vaughanwood Ratepayers Association

Amber Stewart Law

62 Sunvale Drive

Toronto, ON M9R 1Z3

Tel: 416-436-8355

Email: amber@amberstewartlaw.com

Regionality Municipality of York

17250 Yonge St

Newmarket, ON

L3Y 6Z1

Alexis Alyea

Tel: 1-877-464-9675 ext. 71458

Email: Alexis.Alyea@york.ca

Sarno Holdings Corp.

Davies Howe LLP

10th Floor

425 Adelaide Street West

Toronto, Ontario

M5V 3C1

Meaghan McDermid

Tel: 416-263-4514

Email: meaghanm@davieshowe.com

Grace O’Brien

Tel: 416-263-4507

Email: graceo@davieshowe.com

PARTICIPANTS

West Woodbridge Homeowners Association Inc. c/o Nick Pinto

thewwha@gmail.com

Joanne Martellacci

joanne@martellacci.ca

James Coburn

james5coburn@gmail.com

Erminia Lombardi

ermlombardi@gmail.com

Corrado and Caterina Di lorio

rosediiorio@gmail.com

Fiorella and Renato Rossi

fiorella@sympatico.ca

Tony Varriano

tvarriano@rogers.com

Afshin Sadri

asadri@rogers.com

Frances Bowkett

metmanfrancis@gmail.com

Peter Quinto

pquinto@bell.net

Michael Quagliotto

m.quagliotto66@gmail.com

Joseph Villamagna

villamagna187@gmail.com

Marie Imposimato

marieimposimato@rogers.com

Cesare and Maria De Filviis

183 Bruce Street

Woodbridge, ON L4L 3S2

Innocente and Chiara Baccellieri

175 Bruce Street

Woodbridge, ON L4L 3S2

Guerrino and Giuseppina Candiotto

97 Helen Street

Woodbridge, ON L4L 3S4

Nabil Shanouda

6 Pioneer Lane

Woodbridge, ON L4L 2J1

Nello and Carmen Zuech

45 Pioneer Lane

Woodbridge, ON L4L 2J2

ATTACHMENT 2

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 relevant or appropriate, or that the Tribunal has jurisdiction over it. The identification of an issue by a Party indicates that Party’s intent to tender evidence and/or make submissions on it, for the purpose of fairly identifying to the other Parties the case they need to meet. No Party shall make submissions or tender evidence on an issue not on the Issues List.

Issue nos. 1-5 as they pertain to natural heritage features and natural hazards are not intended to question the identification of the natural heritage features and the natural hazards or the limits of the natural heritage features or the flooding hazards, as these matters have already been addressed in the OLT’s disposition, dated July 29, 2024, arising from the first phase of the hearing. The below issues, as they relate to natural heritage features, are only intended to address the question of no negative impact (and/or related tests) that exist in the various policy documents such that the overarching issue is despite the identification and limits of the natural heritage features, whether the proposed development can occur?

1. Are the proposed development and instruments consistent with the policies of the Provincial Planning Statement, 2024, including sections 4.1.1, 4.1.2, 4.1.5, 4.1.7, 4.1.8, 5.1.1, 5.2.1, 5.2.2, 5.2.3, 5.2.4. 5.2.8, 6.2.1 and 6.2.7?

2. Do the proposed development and instruments conform with the 2010 York Regional Official Plan, including the Chapter 2 Sustainable Natural Environment policies?

3. Do the proposed development and instruments conform with the environment-related policies of Vaughan OPA 240 (Woodbridge Community Plan), as amended by OPA 269?

4. Do the proposed development and instruments conform with the 2010 City of Vaughan Official Plan, including sections 2.2.2, 3 and 9.2.2.16?

5. Do the proposed development and instruments have appropriate regard for The Living City Policies for Planning and Development in the Watersheds of the TRCA (2014)?

6. Does the City of Vaughan Comprehensive Zoning By-law propose appropriate zoning categories and restrictions for the site? If not, what site-specific amendments are needed?

ATTACHMENT 3

ORDER OF EVIDENCE

1. 7553 Islington Holding Inc.

2. TRCA

3. City of Vaughan

4. 7553 Islington Holding Inc., in reply (if any)

5. TRCA, in reply (if any)

6. City of Vaughan, in reply (if any)

ATTACHMENT 4

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.

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