Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 05, 2026
CASE NO(S).: OLT-22-002104
PROCEEDING COMMENCED UNDER section 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 section 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
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: City of Vaughan
Motion for: To resolve certain appeals pertaining to Comprehensive Zoning By-law 001-2021 (“CZBL”) and to Transition By-law 039-2022 (“Transition By-law”), in whole or in part, as further elaborated within the text of the Decision and Order below
Heard: November 24, 2025, in writing
APPEARANCES:
Parties
Counsel
City of Vaughan
P. Patterson L. English C. Tashos
DECISION DELIVERED BY C. HARDY AND S. BRAUN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1A summary of the context and extensive background on the history of this matter is set out in a previous Tribunal decision issued on August 25, 2023 (D’Aversa v. Vaughan (City), 2023 CanLII 78842 (ON LT)) and need not be repeated in this Decision.
2In brief, the City of Vaughan (“City”) passed a Comprehensive Zoning By-law No. 001-2021 (“CZBL”) on October 20, 2021, which affects all properties in the City, apart from those lands in the Yonge Street and Steeles Avenue area known as the Yonge-Steeles Corridor Secondary Plan Area.
3At its meeting on March 22, 2022, the City enacted By-law No. 038-2022 to repeal the transition provisions in s. 1.6 of the CZBL and By-law No. 039-2022 to adopt new transition provision for the CZBL in s. 1.6 (“Transition By-law”).
4There were a total of 130 appeals to the Tribunal related to the CZBL and a total of 46 appeals to the Tribunal related to the Transition By-law. In previous decisions, various panels of the Tribunal have provided details with respect to how the CZBL and Transition By-law appeals have been case managed.
REQUESTED RELIEF
5Through its written materials, the City is making three requests of the Tribunal as detailed in paragraphs [7] to [8] below.
6The City filed a Motion Record with the Tribunal, which included a Notice of Motion of the City dated November 24, 2025, and the Affidavit of Robert Rappolt affirmed on November 7, 2025. Mr. Rappolt is a Registered Professional Planner and member of the Ontario Professional Planners Institute and has been previously qualified by the Tribunal to provide expert opinion evidence in land use planning for this matter. Mr. Rappolt provided a curriculum vitae and an executed Acknowledgement of Expert’s Duty, and based on a review of the foregoing, he was similarly qualified for the purposes of the present Motion.
7The Motion materials request that the Tribunal consider proposed amendments to the CZBL and Transition By-law which form the basis of the settlements that will fully resolve the following appeals:
I. Appeal No. 002766 to the CZBL and Appeal No. 004773 to the Transition By-law by York Major Holdings Inc. (“York”) with respect to the following lands, all in the City of Vaughan (together referred to as the “York lands”);
a. 10000 and 10500 Dufferin Street;
b. 1500-1900 Major Mackenzie Drive West;
c. 91, 121, 151, 171 and 200-245 McNaughton Road East;
d. 200-521 Rodinea Road;
e. 23-33 Station Street;
f. 2-4 Hill Street;
g. 99-120 Eagle Rock Way;
h. 1-105 Glenngarry Crescent;
i. 62-221 Salterton Circle;
j. 1-50 Fancamp Drive; and
k. 22-94 Troon Avenue
II. Appeal No. 002765 to the CZBL and Appeal No. 004767 to the Transition By-law by ZZEN Group of Companies Limited (“ZZEN”) with respect to the lands legally described as Lots 11 and 12, Concession 5, City of Vaughan (“ZZEN lands”); and
III. Appeal No. 002737 to the CZBL and Appeal No. 004782 to the Transition By-law by Kentview Estates Inc. (“Kentview”) with respect to the lands municipally known as 10398 and 10402 Islington Avenue, City of Vaughan (“Kentview lands”).
8The above-noted appeals proposed to be resolved through this Motion were filed on the basis that the CZBL, as adopted, failed to recognize a previous approval for each of the Appellants’ lands. If approved, the proposed amendments put forward in the settlement materials will either fully resolve the CZBL appeal and the associated Transition By-law appeal, where applicable, or will partially resolve the appeal, with a scoped portion of the appeal to be resolved regarding other lands of that Appellant.
9In addition to the request of the Tribunal to consider the above settlements, as a result of a number of withdrawals of appeals described in paragraph [18] and [19] below, pursuant to s. 34(31) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), the City further requests an Order of the Tribunal to bring those parts of the CZBL and related Transition By-law into force on the day the CZBL and Transition By-law were passed (October 20, 2021 and March 22, 2022 respectively) for the following lands:
I. 120 Spinnaker Way, City of Vaughan; and
II. 3300 Highway 7, City of Vaughan.
SUBMISSIONS AND EVIDENCE
Proposed Amendments to the CZBL
10York appealed the CZBL raising concerns which included that the CZBL did not accurately reflect the site-specific development standards and mapping associated with the York lands. The proposed amendment relating to the York appeal will repeal Exceptions set out in ss. 14.756, 14.960 and 14.1034 of the CZBL, which erroneously included site-specific development standards that do not reflect the existing zoning for portions of the York lands. The proposed amendment will correct the site-specific development standards and mapping of the CZBL to accurately reflect the zoning applicable to portions of the York lands that were previously approved by replacing ss. 14.756, 14.960 and 14.1034 and related figures of the CZBL. A new exception and related figure to the CZBL will be introduced for 91, 121, 151 and 171 McNaughton Road East to remove these lands from s. 14.756 with required amendments to Maps 168, 169, 187 and 209 in Schedule A to the CZBL, all of which is set out in Schedules “A1”, “A2”, “A3”, “A4” and “A5” attached to this Order.
11ZZEN appealed the CZBL raising concerns which included that the CZBL did not accurately reflect the site-specific development standards and mapping associated with s. 14.726 in the CZBL. The proposed amendment relating to the ZZEN appeal will repeal s. 14.726 and related figure of the CZBL and replace it with a new s. 14.726 and related figure with a consequential amendment to Map 90 of Schedule A to the CZBL, all of which is set out in Schedules “B1” and “B2” attached to this Order.
12Kentview appealed the CZBL raising concerns which included that the CZBL did not reflect permissions sought through active development applications for the Kentview lands, including an amendment to ZBL No. 1-88, which have since been approved by City Council. The approval sought from the Tribunal will provide corrections to the site-specific development standards and mapping of the CZBL to reflect the zoning applicable to the Kentview lands. The proposed amendment relating to the Kentview appeal will introduce a new exception and related figure to the CZBL with consequential amendments to Map 177 in Schedule A to the CZBL, all of which is set out in Schedules “C1” and “C2” attached to this Order.
13Mr. Rappolt opined that the proposed amendments set out in Schedules “A1” through “C2” to the Order (together the “proposed amendments”) have regard to s. 2 of the Act and, in particular, sub-s. 2(a), (h), (j), (k), (m) (n) and (q) , by correcting discrepancies between previously approved and in-force zoning by-laws or official plan policies, thereby ensuring orderly development of safe and healthy communities and resolving planning conflicts between public and private interests. Mr. Rappolt opined that the proposed amendments have regard for the protection of ecological systems including natural areas, features, and functions through the application of an environmental protection-oriented zone on portions of the York lands, ZZEN lands, and Kentview lands.
14It is Mr. Rappolt’s opinion that the proposed amendments are consistent with the policies of the Provincial Planning Statement, 2024 (“PPS”) and he provided detailed analysis of relevant sections in his written affidavit, including that the corrections contained in the proposed amendments provide for a coordinated approach to dealing with planning matters consistent with policy 6.2 of the PPS. Among other policies, Mr. Rappolt referred to policies related to efficient use of land, support of a range of housing options, and the promotion of economic development, concluding that the proposed amendments are consistent with the policies of the PPS.
15Mr. Rappolt provided the opinion that the proposed amendments conform with the policies in the York Region Official Plan 2022 (“Region OP 2022”). Mr. Rappolt provided a detailed analysis and opinion on the conformity of the proposed amendments including, inter alia, that they will establish development-oriented zones that permit a range of land uses. Mr. Rappolt noted that the proposed amendments will conform with policy 3.4.5 of the Region OP 2022 through zoning portions of the York lands, ZZEN lands, and Kentview lands as Environmental Protection (“EP”) zones to prohibit or substantially restrict development and site alteration within identified key natural heritage features.
16The City of Vaughan Official Plan, 2025 was adopted by the City on October 28, 2025, and is subject to approval by the Minister of Municipal Affairs and Housing, therefore it is not yet in force. The in-force policies which the proposed amendments will be reviewed and assessed against are the policies of the City of Vaughan Official Plan, 2010 (“VOP”) in addition to certain Region OP 2022 policies. Mr. Rappolt provided a detailed review of the relevant policies concluding with his opinion that the proposed amendments conform to the relevant policies of the VOP. With respect to Schedule “A1” related to the York lands, he explained that the intent of the EP zone is to provide for the conservation of environmentally sensitive lands or features and restrict development on these lands. The proposed amendment set out in Schedule “A2” will rezone a portion of the York lands to permit a retirement residence, conforming to policy 9.2.2.3 of the VOP. Mr. Rappolt further opined that by zoning a portion of the ZZEN lands and Kentview lands as EP zones, the ecological function of the lands is being recognized through the restriction of development on portions of these lands.
17In summary, Mr. Rappolt opined that the proposed amendments have regard to matters of Provincial interest, are consistent with the PPS, conform with the Region OP 2022 and VOP, and overall represent good planning.
Withdrawn Appeals
18Forming part of the City’s requested relief as set out in paragraph [9] above, the following appeals of the CZBL and Transition By-law have been withdrawn:
I. Appeal No. 002758 and Appeal No. 004768 by Armland Management Inc. withdrawing from the CZBL appeal and the Transition By-law appeal respectively, with respect to lands municipally known as 120 Spinnaker Way, City of Vaughan; and
II. Appeal No. 002679 and Appeal No. 004785 by 1042710 Ontario Limited (The Royal Centre) withdrawing from the CZBL appeal and the Transition By-law appeal respectively, with respect to lands municipally known as 3300 Highway 7, City of Vaughan.
19The City requests that the Tribunal order the CZBL and Transition By-law be deemed to have come into force on the days that they were passed, being October 20, 2021 and March 22, 2022 respectively, for the lands set out in paragraph [18] above. The City submits that s. 34(31) of the Act allows the Tribunal to make such an Order deeming any part of the CZBL and Transition By-law not in issue in the appeal to be in force on the day they were passed prior to the final disposition of the remaining appeals.
ANALYSIS AND DECISION
Proposed Amendments to the CZBL
20The Tribunal confirms that it has received, reviewed, and considered the materials and submissions which were contained in the City’s Motion Record.
21For the foregoing reasons, the Tribunal accepts the uncontested evidence of Mr. Rappolt and will grant the City’s Motion. The Tribunal finds that the proposed amendments to the CZBL and Transition By-law, where applicable, have regard to matters of Provincial interest pursuant to s. 2 of the Act, are consistent with the PPS, conform with the Region OP 2022 and the VOP, and overall represent good planning in the public interest.
22The Tribunal was persuaded by Mr. Rappolt’s detailed written evidence. The Tribunal finds that the proposed amendments will meet municipal and provincial planning objectives and will, among other things, resolve planning conflicts between public and private interests. Further, they permit a range and mix of residential land uses, promote the efficient use of land, resources, infrastructure, public service facilities, and existing and future transit while recognizing the ecological function of portions of the York lands, ZZEN lands, and Kentview lands.
23Based on the uncontested Affidavit evidence of Mr. Rappolt, the Tribunal approves the proposed amendments to the CZBL and Transition By-law, where applicable, having been satisfied that they meet all requisite legislative tests and are representative of good planning.
Withdrawn Appeals
24The Tribunal understands that Mr. Rappolt’s written evidence is supportive of the City’s submissions regarding the withdrawn appeals and request to bring into force those parts of the CZBL and Transition By-law affecting lands associated with the withdrawn appeals.
25Section 34(31) of the Act allows the Tribunal to make an Order, prior to the final disposition of all appeals, providing any part of a by-law not in issue in an appeal to be deemed to have come into force on the day the by-law was passed. In its Motion record, the City seeks an Order of the Tribunal pursuant to s. 34(31) of the Act.
26Based on the request of the City and the evidence in Mr. Rappolt’s written affidavit, which included each of the withdrawal letters, the Tribunal finds that it is appropriate to deem the CZBL in force as of October 20, 2021, and the Transition By-law in force as of March 22, 2022 for the lands referred to in paragraph [18] above.
ORDER
27THE TRIBUNAL ORDERS that:
I. The following Orders recorded in this Decision and approval of portions of the City of Vaughan Comprehensive Zoning By-law No. 001-2021(“CZBL”) and the City of Vaughan By-law No. 038-2022 (“Transition By-law), where applicable, as attached hereto as Schedules A1 through C2 are without prejudice to the disposition of any other appeals of the CZBL and Transition By-law, and any unapproved potions thereof, such that if those appeals proceed to a subsequent Hearing or Motion, either on their own or as may be consolidated with other proceedings, the City of Vaughan will not take the position that the Tribunal ought not to approve the amendments to the CZBL or Transition By-law on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Schedules A1 through C2 as brought into force by these Orders. This does not affect the City of Vaughan’s right to assert that the CZBL or Transition By-law as amended by Schedules A1 through C2 hereto, to the extent brought into force by these Orders, should be applied to specific sites or areas without amendments on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans, and/or constitutes good planning; and
II. Notwithstanding these Orders, the Tribunal maintains the jurisdiction to consider and approve amendments to the CZBL and Transition By-law as amended herein, as may be appropriate to dispose of any remaining outstanding appeals before the Tribunal.
York Major Holdings Inc. (Appeal No. 002766 and Appeal No. 004773)
28Appeal No. 002766 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021, and Appeal No. 004773 in OLT Case No. OLT-22-003554 to By-law No. 039-2022 being appeals by York Major Holdings Inc., are allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:
I. Exception 14.756 is repealed and replaced with a new Exception 14.756 in the form set out in Schedule A1 to this Order;
II. A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Schedule A2 to this Order;
III. Exception 14.960 is repealed and replaced with a new Exception 14.960 in the form set out in Schedule A3 to this Order;
IV. Exception 14.1034 is repealed and replaced with a new Exception 14.1034 in the form set out in Schedule A4 to this Order; and
V. Schedule A – Maps 168, 169, 187 and 209 are amended in the form set out in Schedule A5 to this Order.
29In all other respects, the Tribunal orders that Appeal No. 002766 to Comprehensive Zoning By-law No. 001-2021 and Appeal No. 004773 to By-law No. 039-2022 are dismissed.
ZZEN Group of Companies Limited (Appeal No. 002765 and Appeal No. 004767)
30Appeal No. 002765 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021 and Appeal No. 004767 in OLT Case No. OLT-22-003554 to By-law No. 039-2022 being appeals by ZZEN Group of Companies Limited are allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:
I. Exception 14.726 is repealed and replaced with a new Exception 14.726 in the form set out in Schedule B1 to this Order; and
II. Schedule A – Map 90 is amended in the form set out in Schedule B2 to this Order.
31In all other respects, the Tribunal orders that Appeal No. 002765 to Comprehensive Zoning By-law No. 001-2021 and Appeal No. 004767 to By-law No. 039-2022 are dismissed as they relate to the following lands, but the balance of the appeals, which are not specific to those lands, are not dismissed:
a. Lots 11 and 12, Concession 5, City of Vaughan.
Kentview Estates Inc. (Appeal No. 002737 and Appeal No. 004782)
32Appeal No. 002737 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021, and Appeal No. 004782 in OLT Case No. OLT-22-003554 to By-law No. 039-2022 being appeals by Kentview Estates Inc., are allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:
I. A new Exception is added to Chapter 14 of the Comprehensive Zoning By-law No. 001-2021, to be assigned a new Exception number, inclusive of a new Figure, to be assigned a new Figure number, in the form set out in Schedule C1 to this Order; and
II. Schedule A – Map 177 is amended in the form set out in Schedule C2 to this Order.
33In all other respects, the Tribunal orders that Appeal No. 002737 to Comprehensive Zoning By-law No. 001-2021 and Appeal No. 004782 to By-law No. 039-2022 are dismissed.
Withdrawn Appeals
34Pursuant to s. 34(31) of the Planning Act, the CZBL is deemed to have come into force on the day that it was passed, being October 20, 2021, for the lands in the City of Vaughan for which the appeals of the CZBL have been withdrawn in writing and filed with the Tribunal:
a. Lands municipally known as 120 Spinnaker Way (Appeal No. 002758 of the CZBL filed by Armland Management Inc.); and
b. Lands municipally known as 3300 Highway 7 (Appeal No. 002679 of the CZBL filed by 1042710 Ontario Limited (The Royal Centre));
35Pursuant to s. 34(31) of the Planning Act, the Transition By-law is deemed to have come into force on the day that it was passed, being March 22, 2022, for the following lands in the City of Vaughan for which the appeals of the Transition By-law have been withdrawn in writing and filed with the Tribunal:
a. Lands municipally known as 120 Spinnaker Way (Appeal No. 004768 of the Transition By-law filed by Armland Management Inc.); and
b. Lands municipally known as 3300 Highway 7 (Appeal No. 004785 of the Transition By-law filed by 1042710 Ontario Limited (The Royal Centre)).
36The Panel may be spoken to should issues arise with respect to the implementation of this Order or the Tribunal’s directions.
“C. Hardy”
C. HARDY VICE CHAIR
“S. Braun”
S. BRAUN 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.
SCHEDULE A1
SCHEDULE A2
SCHEDULE A3
SCHEDULE A4
SCHEDULE A5
SCHEDULE B1
SCHEDULE B2
SCHEDULE C1
SCHEDULE C2