Wedgewood Columbus Limited v. Vaughan, 2026 CanLII 12540

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 12, 2026

CASE NO.: OLT-22-004652

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

Applicant and Appellant: Wedgewood Columbus Limited

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

Description: Proposes to redesignate the Site to High-Rise Mixed-Use to permit the proposed maximum height of 51 storeys and the proposed density of 11.1 FSI

Reference Number: OP 19.015

Property Address: 7887 Weston Road

Municipality/UT: City of Vaughan/York Region

OLT Case No.: OLT-22-004652

OLT Lead Case No.: OLT-22-004652

OLT Case Name: Wedgewood Columbus Limited v. Vaughan

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

Applicant and Appellant: Wedgewood Columbus Limited

Subject: To amend Zoning By-law 1-88

Description: To rezone the Subject Lands from “C7 Service Commercial Zone”, subject to site-specific Exception 9(754B) by Zoning By-law 1-88 with site-specific zoning exceptions to permit the development

Reference Number: Z.19.039

Property Address: 7887 Weston Road

Municipality/UT: City of Vaughan/York Region

OLT Case No.: OLT-22-004653

OLT Lead Case No.: OLT-22-004652

OLT Case Name: Wedgewood Columbus Limited v. Vaughan

BEFORE: S. TOUSAW VICE-CHAIR Wednesday, the 11th day of February, 2026

THE TRIBUNAL ORDERS that the Procedural Order, as agreed to among the Parties and attached hereto as Schedule “A”, shall be in force and effect for the purpose of governing the required procedures leading up to and including the hearing, which is scheduled to commence on September 14, 2026. The Tribunal has set aside ten (10) days for the hearing.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

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.

Schedule “A”

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 begin on September 14, 2026 at 10:00 a.m. and will proceed by video.

3. The length of the hearing will be 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. The procedural order deadlines are generally found in Attachment 1.

4. The Parties and Participants identified at the Case Management Conference are listed in Attachment 2 to this Order.

5. The Issues are set out in the Issues List attached as Attachment 3 to this Order. 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.

6. The order of evidence is set out in Attachment 4 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 written argument, if any, may be limited either on consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing shall provide a mailing address, email address and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address and the phone number.

8. 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

9. 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 at least one hundred and fifty (150) calendar days before the hearing (on or before Friday, April 17, 2026). For expert witnesses, a Party is to identify the area of expertise in which the witness is proposed to be qualified and is to provide a copy of their curriculum vitae. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal's Rules and notice of same must be served on the other Parties on or before Monday, April 27, 2026. [10 days after witness lists are exchanged]

10. Expert witnesses in the same discipline(s) shall have at least one meeting one hundred and twenty-five (125) calendar days before the hearing (on or before Tuesday, May 12, 2026) to try to resolve or reduce the issues for the hearing. Following the experts’ meeting(s) the experts shall prepare a list of any agreed facts and the remaining issues to be addressed at the hearing, and provide this list to the Parties and the Tribunal at least one hundred and ten (110) calendar days before the hearing (on or before Wednesday, May 27, 2026).

11. 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, the acknowledgement of expert's duty and curriculum vitae. Copies of this must be provided, as in paragraph 14. 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. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in the Tribunal's Rules of Practice and Procedure. If the expert witness has prepared any report(s) that he/she intends to rely on at the hearing, and which did not form part of the submissions made to the City, such report(s) shall be provided to the other parties at the same time as the delivery of expert witness statements, as in paragraph 14 below.

12. 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 14 below.

13. At least ninety (90) calendar days prior to the scheduled commencement of the hearing (on or before Tuesday, June 16, 2026), a Participant shall provide copies of their written participant statement to the other Parties and to the Tribunal in accordance with paragraph 21 below. A Participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

14. At least ninety (90) calendar days prior to the scheduled commencement of the hearing (on or before Tuesday, June 16, 2026), the Parties shall provide copies of their witness and expert witness statements to the other Parties and to the Tribunal case coordinator and in accordance with paragraph 21 below. The Parties shall also advise the Tribunal at least thirty-five calendar days prior to the scheduled commencement of the hearing (on or before Monday, August 10, 2026) if it is possible to release any scheduled hearing dates.

15. At least sixty (60) calendar days prior to the scheduled commencement of the hearing (on or before Thursday, July 16, 2026), the Parties shall provide copies of their written response(s) to any written evidence to the other Parties and to the Tribunal in accordance with paragraph 21 below.

16. At least twenty-five (25) calendar days prior to the scheduled commencement of the hearing (on or before Thursday, August 20, 2026), the Parties shall file with the Tribunal a detailed Work Plan that identifies the following, at a minimum: the Parties participating in the hearing, preliminary matters to be addressed (if any), the date a witness is intended to attend the Tribunal, the identified witness name/expertise, and the approximate time allotted for examination in chief, cross-examination and any re-examination (if any) (the “Work Plan”). The Work Plan should be adhered to guide the Hearing Event to the best ability of all the Parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Work Plan throughout the Hearing Event. In the event of a disagreement between the Parties about the Work Plan, the Tribunal may be spoken to.

17. At least twenty-five (25) calendar days prior to the scheduled commencement of the hearing (on or before Thursday, August 20, 2026), the Parties shall prepare a Joint Document Book which shall be shared with the OLT case co-ordinator and all Parties in accordance with paragraph 21 below.

18. At least twenty-five (25) calendar days prior to the scheduled commencement of the hearing (on or before Thursday, August 20, 2026), the Parties shall provide copies of their visual evidence to the other Parties and the Tribunal in accordance with paragraph 21 below.

19. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal in accordance with Rule 10 of the Tribunal’s Rules.

20. A Party who provides a witness' written evidence to the other Parties must have the witness attend the hearing to give oral evidence, unless the Party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.

21. All filing shall be electronic. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7 of the Tribunal’s Rules.

22. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. Rule 17 of the Tribunal’s Rules shall apply to such requests.

23. The Tribunal may conduct mediation on consent of all Parties, on consent of those Parties who wish to participate in mediation, or if the Tribunal sees fit.

24. The purpose of this Procedural Order and the meaning of the terms used in this Procedural Order are set out in Attachment 5.

This Member is seized.

So orders the Tribunal.

ATTACHMENT 1

SUMMARY OF DATES

DATE	EVENT
Friday, April 17, 2026 (150 days prior to hearing)	Deadline for Witness Lists
Monday, April 27, 2026 (140 days prior to hearing)	Deadline to Challenge Witnesses or Qualifications
Tuesday, May 12, 2026 (125 days prior to hearing)	Experts meeting(s) prior to this date
Wednesday, May 27, 2026 (110 days prior to hearing)	Deadline to File Any Agreed Statement(s) of Facts
Tuesday, June 16, 2026 (90 days prior to hearing)	Exchange of Witness Statements and Experts Reports, Participant Statements (if any), and summoned witness outlines (if any)
Thursday, July 16, 2026 (60 days prior to hearing)	Exchange of Reply Witness Statements (if any)
Monday, August 10, 2026 (35 days prior to hearing)	Parties to Confirm If Any Hearing Dates Can Be Released
Thursday, August 20, 2026 (25 days prior to hearing)	Filing of Work Plan and Joint Document Book Exchange of visual evidence
Monday, September 14, 2026 – Friday, September 25, 2026	Hearing

ATTACHMENT 2

LIST OF PARTIES AND PARTICIPANTS

A. PARTIES

*Counsel/Agent

1. Wedgewood Columbus Limited (Applicant/Appellant) Chris Tanzola / Michael Cara Overland LLP Yonge Norton Centre 5255 Yonge Street, Suite 1101 Toronto, ON M2N 6P4 Email: ctanzola@overlandllp.ca / mcara@overlandllp.ca Tel: 416.730.0645 / 416.730.8844

2. City of Vaughan Andrew Baker / Julie Lesage Borden Ladner Gervais Bay Adelaide Centre, East Tower 22 Adelaide Street West Toronto, ON M5H 4E3 Email: abaker@blg.com / jlesage@blg.com Tel: 416.597.6250 / 416.367.6276

Colin Dougherty City of Vaughan | Legal Services 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1 Email: colin.dougherty@vaughan.ca Tel: 416.832.8585

3. Home Depot of Canada Inc. David Tang / Jesse White Miller Thomson LLP 40 King Street West, Suite 5800 P.O. Box 1011 Toronto, ON M5H 3S1 Email: dtang@millerthomson.com / tjwhite@millerthomson.com Tel: 416.597.6047 / 416.597.4371

4. The Regional Municipality of York Raj Kehar / Narmada Gunawardana WeirFoulds LLP 201 - 1320 Cornwall Road Oakville, ON L6J 7W5 Email: rkehar@weirfoulds.com / ngunawardana@weirfoulds.com Tel: 416.947.5051 / 647.715.7117

B. PARTICIPANT

*Counsel/Agent

1. Anna Zeppieri *Elena Zeppieri 211 Fiori Drive Vaughan, ON, L4L 4P8 Email: ezeppieri10@yahoo.ca Tel: 416.524.4143

ATTACHMENT 3

ISSUES LIST

PHASE 2

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 either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

Scope of Phase 2

The Appellant’s Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) applications were approved in principle by the Tribunal in Phase 1 of the Hearing. The Phase 2 Hearing is intended to address the associated site-specific issues of the neighbouring Home Depot, along with the final form of the proposed OPA and ZBA.

For greater certainty, the issues for Phase 2 of the hearing are not intended to be a re-litigation or revisiting of issues from Phase 1.

Planning Act

1. With respect to compatibility with or impacts on the Home Depot site and operations, including but not limited to its current and future planned context, the midblock connection, the property boundary condition, and the function of driveways on private property and the public rights-of-way (the “Home Depot Interface”), and the final form of the planning instruments, does the proposed development have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, including (f), (h), (m), (n), (o), (q) and (r)?

Provincial Planning Statement, 2024

2. Having regard to the Home Depot Interface, is the proposed development consistent with the Provincial Planning Statement, 2024, as required by Section 3(5)(a) of the Planning Act, in particular Sections 2.1.6(a)(b), 2.4.1(3)(b), 3.5.1, 3.5.2, 3.9.1(a), 6.2.1(d)?

City of Vaughan Official Plan

3. Having regard to the Home Depot Interface, does the Proposed Development conform with the policies of the City of Vaughan Official Plan, in particular Sections 2.1.3.2(k), 4.2.1, 4.2.3, 4.3.3.7, 4.3.3.9, 5.2.3, 7.2.3.3-5, 9.1.1.1, 9.1.1.3, 9.1.1.10, 9.1.2.1(b), 9.1.2.9, 9.2.1.12, 9.2.3.6(b), 10.1.1.8(e),(f), (g) and (j), 10.1.3.4.?

Land Use and Built Form

4. Are the proposed residential uses and the proposed built form, including the location and orientation of living spaces, balconies and outdoor amenity spaces of the proposed development appropriate and compatible with the current uses on the Home Depot property located at 140 Northview Boulevard and any future expansion or operational changes to the Home Depot store, including as it relates to traffic, access, and noise?

5. As they relate to the Home Depot Interface, are the proposed building height, base building height, building form, massing, scale, and siting, stepbacks, setbacks, tower separation, spacing, intensification and density appropriate, considering the site’s context, existing and planned use, and the character of the abutting lands?

6. Does the final form of the Proposed Development provide sufficient space for adequate landscaping and open space on the site with regard to the impacts of such landscaping and open space on the Home Depot Interface?

7. Does the Proposed Development fit appropriately and compatibly with the Home Depot Interface, and does it represent good planning?

8. Would the Proposed Development result in adverse impacts on the Home Depot Interface due to the existing adjacent land uses?

9. Does the final form of the proposed OPA and ZBA, reflecting any redesign of the Proposed Development, have appropriate regard to the City-Wide Urban Design Guidelines (2018)?

Transportation, Access, and Parking

10. Are the proposed vehicular and loading accesses appropriately located, configured, and consolidated?

11. Does the proposal provide appropriate parking and access configuration given the access issues arising from the shared driveway with the neighbouring Home Depot property?

12. Has the Transportation Impact Study (TIS) adequately identified the impacts of the proposed development on the transportation infrastructure in the vicinity of the development, in particular to the driveway accesses to the Home Depot of Canada Inc. property to the east, intersections in the vicinity and the shared (with the Home Depot of Canada Inc. lands) driveway located on the site and identified adequate and appropriate resolutions to such impacts?

13. Has the Applicant provided a safe and efficient access configuration from an operations and safety perspective, with regard to the Home Depot Interface? Specifically:

(a) Should turning restrictions be implemented at the proposed access onto Northview Boulevard?

(b) Should turning restrictions be implemented at the proposed access onto Chrislea Road?

(c) is the width and configuration of the driveway on the east of the development site adequate to accommodate all design vehicles and minimize conflicts and safety concerns, while also preventing spillback onto adjacent roads?

Noise, Vibration, and Air Quality

14. Has the Applicant submitted the required Noise and Vibration Impact Study and Air Quality Assessment that reflects the most recent design of the Proposed Development?

15. Does the Proposed Development appropriately address matters related to compatibility regarding Noise, Vibration, Air Quality and applicable guidelines including NPC-300 and the D-6 Land Use Compatibility/Air Quality impacts including the implementation of any necessary mitigation measures and warning clauses?

16. Does the Proposed Development comply with the Ministry of the Environment, Conservation and Parks, Environmental Noise Guideline Publication NPC-300 Guidelines?

Implementation

17. In the event that the Tribunal allows the appeals in whole or in part, should the Proposed Development be subject to additional Holding Provisions (“H”) to require, among other things, the following to the City’s satisfaction:

(a) Submission of a detailed noise impact assessment and provision of any recommended noise control measures?

Form of Amendments

18. Is the form and content of the draft Zoning By-law Amendment to By-law 1-88 appropriate?

19. Is the form and content of the draft Official Plan Amendment appropriate?

ATTACHMENT 4

ORDER OF EVIDENCE

NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence. The Order of Evidence will be described in greater detail in the Work Plan that is filed with the Tribunal.

1. Wedgewood Columbus Limited (Applicant/Appellant)
2. Parties in Support of Wedgewood Columbus Limited
3. Parties in Opposition of Wedgewood Columbus Limited
4. Reply by Wedgewood Columbus Limited (if necessary)

ATTACHMENT 5

Purpose of the Procedural Order and Meaning of Terms

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. If an unincorporated group wishes to become a party, 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 authorization 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, must ask the Tribunal to permit this.

Participant is an individual, group or corporation, whether represented by a lawyer or not, who may attend only part of the proceeding but who makes a written statement to the Tribunal on all or some of the issues in the hearing in accordance with Rule 7.7 of the Tribunal’s Rules of Practice and Procedure.

NOTE that such persons will likely not receive notice of a mediation or conference calls on procedural issues. They also cannot ask for costs, or review of a decision as parties can.

Written and Visual Evidence:

Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party 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 intends to present as evidence at the hearing.

Witness Statements:

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 the witness will discuss and the witness’ opinions on those issues; and a list of reports that the witness will rely on at the hearing.

An expert witness statement should include the expert’s (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 for the opinions and (5) a list of reports that the witness will rely on at the hearing.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a list of the issues which the participant will address and a short outline of the evidence on those issues; and a list of reports, relied upon, if any, which the participant will provide to the Tribunal for consideration of the written statement at the hearing.

Additional Information:

Summons: A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons. This request must be made before the time that the list of witnesses is provided to the Tribunal and the parties (see Rule 13 on the summons procedure). If the Tribunal requests it, an affidavit must be provided indicating how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the affidavit, it will require that a motion be heard to decide whether the witness should be summoned.

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.