Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 15, 2025
CASE NO(S).: OLT-22-002300
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1186675 Ontario Ltd.
Appellant: Daniel Aquino
Appellant: Bushland Heights Limited
Appellant: Jessica Ferri; and others
Subject: Township of King (Our King) Official Plan, 2019
Municipality: Township of King
OLT Case No.: OLT-22-002300
Legacy Case No.: PL200556
OLT Lead Case No.: OLT-22-002300
Legacy Lead Case No.: PL200556
OLT Case Name: Aquino v. King (Township)
Heard: September 9, 2025, by video hearing
APPEARANCES:
Parties
Counsel
Flato Developments Inc. and Wyview Group (“Flato/Wyview”)
K. Sliwa J. Jakubowski (in absentia)
TFP Nobleton Inc. (“TFP”)
A. Whyte Q. Annibale (in absentia)
Regional Municipality of York (“Region”)
L. English P. Patterson (in absentia)
Township of King (“Township”)
T. Halinski
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON SEPTEMBER 9, 2025, AND ORDER OF THE TRIBUNAL
Introduction
1This Case Management Conference was convened for the last remaining appeal to the Township Official Plan, as approved by the Region.
Added Party – TFP Nobleton Inc.
2The Tribunal granted Party status to TFP Nobleton Inc. (“TFP”) as an Appellant, given its recent purchase of a portion of Flato/Wyview’s lands that are the subject of the original appeal. TFP now owns 12650 Highway 27 and wishes to continue with Flato/Wyview’s appeal on those lands, leaving Flato/Wyview’s appeal pertaining only to its lands at 13235 10th Concession.
3The Tribunal granted Party status to TFP under Rule 8.2 of the Tribunal’s Rules of Practice and Procedure, on consent of the Parties, having found that reasonable grounds exist, given that these lands are the subject of appeal regardless of ownership.
4As an appeal under s. 17(36) of the Planning Act, discussion ensued on the sheltering provision of Rule 8.3 and whether it should apply to TFP such that the issues of Flato/Wyview’s appeal will establish the scope of TFP’s issues. The Parties advised that scoping may not be an issue given the potential breadth of the original appeal, being Township-wide and site-specific, and the anticipated issues of TFP being within such scope. At the Parties’ request, the Tribunal granted time for the Parties to consider the sheltering question through their discussions and report back as noted below.
5TFP has commenced discussions with the Township and Region to scope its issues and consider a settlement. The Parties are aware of the Tribunal’s services for mediation. As requested by the Parties, the Tribunal directed them to advise by January 30, 2026, on requested next steps, including whether sheltering is at issue, providing a draft Procedural Order (“PO”) for a contested Hearing, or requesting a written or oral settlement Hearing.
Flato/Wyview Appeal
6For Flato/Wyview’s appeal, the Parties requested that a 10-day Hearing be scheduled in September 2026, for which a finalized PO will be filed on consent by September 30, 2025, for the Tribunal’s consideration of approval.
7Flato/Wyview’s Hearing on the Merits is scheduled for 10 days, commencing on September 14, 2026, at 10 a.m. by video hearing and ending on or before September 25, 2026.
8Parties are asked to log in to 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
9Parties 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 GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event 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 indicated above.
11Individuals 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 Video Hearing 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.
ORDER
12THE TRIBUNAL ORDERS its directions and rulings as set out above.
“S. Tousaw”
S. TOUSAW
VICE CHAIR
Ontario Land Tribunal
Website: 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.