Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: September 17, 2025
CASE NO(S).: OLT-24-000690
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Auto Group Investments Inc. Appellant: Unimotion-Gear, a division of Magna Powertrain Inc. Subject: Proposed Official Plan Amendment Description: Town of Aurora Official Plan, 2024 Reference Number: LOP.19.A.0001 Property Address: Town-wide Municipality/UT: Aurora/York OLT Case No.: OLT-24-000690 OLT Lead Case No.: OLT-24-000690 OLT Case Name: Auto Group Investments Inc. v. York (Region)
Heard: August 25, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Auto Group Investments Inc. | Jessica Jakubowski Katarzyna Sliwa |
| Allaura Limited Partnership and 16 20 22 Allaura Blvd Inc. | Ali Naraghi |
| Town of Aurora | Andrew Biggart |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON AUGUST 25, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This Hearing addresses settlement of an appeal by Auto Group Investments Inc. ("Auto Group") concerning the passing of the Town of Aurora Official Plan ("AOP"). Unimotion-Gear, a Division of Magna Powertrain Inc. ("Unimotion"), is a separate appellant, appealing the same passing of the AOP, but has no apparent interest in the Auto Group appeal and did not attend or otherwise participate in the hearing.
2Allaura Limited Partnership and 16 20 22 Allaura Blvd Inc. ("Allaura"), and Macont Developments Inc. ("Macont") were both added as Parties at a Case Management Conference held on October 2, 2024. They purport to shelter under the Unimotion appeal and, consequently, have no standing in the Auto Group appeal. Neither participated in the hearing, with Allaura attending but not participating, and Macont not attending.
3Auto Group's appeal application purports to:
- Modify the boundary of the Promenade Secondary Plan to reflect a consistent boundary for the entirety of Auto Group's land (the "Subject Lands"); and
- Permit a maximum building height of 12 storeys on the Subject Lands, where the AOP as approved permits only six storeys.
Settlement
4Disposition of the appeal by Auto Group has come before the Tribunal as a settlement hearing. Pursuant to the settlement, the Parties agree to modify the AOP to provide the requested consistent boundary, while the portion of Auto Group's appeal dealing with building height will be dropped, thus fully resolving the appeal.
5It is understood that the building height issue remains a concern for Auto Group; however, they agree to defer it to a future site-specific Official Plan Amendment application (if they still wish to pursue it). The Tribunal was informed that this deferral was agreed upon on a without prejudice basis and should have no effect on such a future application. It is also understood that this settlement will have no impact on the Unimotion appeal.
Evidence and submissions
6In assessing the settlement, the Tribunal confirms that it has received, reviewed, and considered the uncontested opinion evidence of Heath Purtell-Sharp, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn August 22, 2025 (marked as Exhibit 2). Included as attachments to his affidavit are the minutes of settlement between the Parties, and draft Order with proposed attachments.
7Within his affidavit, Mr. Purtell-Sharp opines that the proposed modifications to the AOP:
- Creates a consistent boundary for the entirety of Auto Group's land, thus resolving issues of conflicting policy directions on the land;
- Achieves an appropriate planning policy framework for a single parcel of land;
- Supports a complete and efficient use of the Subject Lands within a delineated Strategic Growth Area; and
- Facilitates a more orderly future development of the Subject Lands and the surrounding areas.
8Mr. Purtell-Sharp correspondingly concludes that the revisions:
- Are consistent with the Provincial Planning Statement, 2024, and specifically, Policies 2.3.1.2 (General Policies for Settlement Areas), 2.8.2.4 (Employment Areas), and 6.1.5 (General Policies for Implementation and Interpretation);
- Conform with the York Region Official Plan, and specifically, Policies 2.3.2 (Supporting Complete Communities Policies), and 4.2.1 (Community Area Policies); and
- Represent good planning and are in the public interest.
9The Tribunal accepts these opinions and comes to the same conclusion.
ORDER
10THE TRIBUNAL ORDERS that the Schedules of the Town of Aurora Official Plan are modified as follows:
- Schedule A of the Town of Aurora Official Plan is modified to reflect a consistent boundary for the entirety of the Subject Lands, in accordance with Attachment 1;
- Schedule B of the Town of Aurora Official Plan is modified to reflect a consistent boundary for the entirety of the Subject Lands, in accordance with Attachment 2, designating all of the Subject Lands "Aurora Promenade and Major Transit Station Area Mixed Use";
- Schedule C of the Town of Aurora Official Plan is modified to reflect a consistent boundary for the entirety of the Subject Lands, in accordance with Attachment 3, designating all of the Subject Lands "Aurora Promenade and Major Transit Station Area Secondary Plan";
- Schedule D1 of the Town of Aurora Official Plan is modified to reflect a consistent boundary for the entirety of the Subject Lands, in accordance with Attachment 4, designating all of the Subject Lands "Promenade General";
- Schedule D2 of the Town of Aurora Official Plan is modified to reflect a consistent boundary for the entirety of the Subject Lands, in accordance with Attachment 5; and
- Schedule D3 of the Town of Aurora Official Plan is modified to reflect a consistent boundary for the entirety of the Subject Lands, in accordance with Attachment 6.
11The Member is not seized but may be spoken to through the Case Coordinator if any issues arise with regards to the implementation of this Order.
"K.R. Andrews"
K.R. ANDREWS 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.
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