Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 30, 2025
CASE NO(S).: OLT-24-000448
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Xin Yin Inc. (The Mahayana Pure Land Temple)
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a two-storey place of worship.
Reference Number: OPA 21.003
Property Address: 5310 and 5322 Aurora Road
Municipality: Whitchurch-Stouffville
OLT Case No.: OLT-24-000448
OLT Lead Case No.: OLT-24-000448
OLT Case Name: The Mahayana Pure Land Temple et al v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Xin Yin Inc. (The Mahayana Pure Land Temple)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a two-storey place of worship.
Reference Number: ZBA 21.005
Property Address: 5310 and 5322 Aurora Road
Municipality: Whitchurch-Stouffville
OLT Case No.: OLT-24-000449
OLT Lead Case No.: OLT-24-000448
Heard: July 24, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Xin Yin Inc. (The Mahayana Pure Land Temple) (“Applicant”). | Jonathan Marun-Batista Matthew Helfand (in absentia) |
| Town of Whitchurch-Stouffville (“Town”) | John Hart Andrew Biggart (in absentia) |
MEMORANDUM OF DECISION BY T.F. NG ON JULY 24, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a status Case Management Conference before the Tribunal with respect to an Appeal where the Applicant seeks to develop the site municipally known as 5310 and 5322 Aurora Road in the Town to construct a two-storey place of worship. The Applicant had applied to amend the Town’s Official Plan and the Zoning By-law. The Appeals were brought pursuant to sections 22(7) and 34(11) of the Planning Act, due to the Town’s failure to make a decision within the prescribed times.
2Over the course of four days from, May 6 to May 9, 2025, a hearing was conducted as scheduled, with several expert witnesses being called. On the fourth day, an adjournment was granted upon the parties’ request to enable a Tribunal led mediation.
PRELIMINARY MATTERS
3Mr. Marun-Batista, counsel for the Applicant informed the Tribunal that the Parties had undertaken a Tribunal led mediation which was very productive. Parties expect to have another session with the mediator to reach a resolution. As such, he requested two days to be scheduled for continued hearing with the expectation that, when a settlement is achieved, that could be converted to a settlement hearing. In the event of failure to achieve a settlement, then those days would be scheduled for hearing.
4Counsel for the Town, Mr. Hart agreed with Mr. Marun-Batista as regards scheduling of a hearing if a resolution is not obtained and concurred that the mediation was positive.
5The Tribunal directed Parties to file a revised Procedural Order with the Case Coordinator by September 25, 2025.
MEDIATION
6The Parties will continue to mediate towards a resolution of the appeals.
HEARING
7The Tribunal scheduled a hearing commencing Thursday, October 16, 2025 to Friday, October 17, 2025 at 10 a.m. by Video Hearing. No further Notice is required, and the Member is seized.
8The said date may be converted to a settlement hearing.
9Parties and Participants 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/709076365
Access code: 709-076-365
10Parties 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
11Persons 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: 1-647-497-9373 or (toll-free) 1-888-299-1889. The access code is as listed above.
12Individuals 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
13THE TRIBUNAL ORDERS that:
- The Revised Procedural Order be filed on or before September 25, 2025; and,
- The Revised Procedural Order shall govern the Proceedings.
“T.F. Ng”
T.F. NG
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.