Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 20, 2026
CASE NO(S).: OLT-25-000892
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Kingsmoor Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a development consisting of three mixed-use towers ranging in height from 32, 35 and 38 storeys
Reference Number: OP.21.026
Property Address: 177 Whitmore Road
Municipality/UT: Vaughan/York
OLT Case No: OLT-25-000892
OLT Lead Case No: OLT-25-000892
OLT Case Name: Kingsmoor Developments Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a development consisting of three mixed-use towers ranging in height from 32, 35 and 38 storeys
Reference Number: Z.21.055
Property Address: 177 Whitmore Road
Municipality/UT: Vaughan/York
OLT Case No: OLT-25-000893
OLT Lead Case No: OLT-25-000892
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Site Plan
Description: To permit a development consisting of three mixed-use towers ranging in height from 32, 35 and 38 storeys
Reference Number: DA.22.007
Property Address: 177 Whitmore Road
Municipality/UT: Vaughan/York
OLT Case No: OLT-25-000894
OLT Lead Case No: OLT-25-000892
Heard: February 19, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel
Kingsmoor Developments Inc. (“Applicant” / “Appellant”)
Paul M. DeMelo Daniel Angelucci
City of Vaughan (“City” / “Vaughan”)
Raj Kehar Colin Dougherty
Gallu Construction Inc.
Justine Reyes Daniel Artenosi (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORaS ON FEBRUARY 19, 2026, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter before the Tribunal is the second Case Management Conference (“CMC”), resulting from appeals under sections 22(7), 34(11) and 41(12) of the Planning Act (“Act”) in the City of Vaughan (“City”) as a result of the City’s failure to adopt the requested Official Plan Amendment application, the refusal or neglect to make a decision on a Zoning By-law Amendment application, and failure to consider a Site Plan application (together, “Applications” / “Appeals”).
2The Appeals submitted by Kingsmoor Developments Inc. (“Kingsmoor” / “Appellant”) relate to lands municipally known as 177 Whitmore Road, in the City (“Subject Site”).
3The Subject Site is located at the southeast corner of Whitmore Road and Highway 7, approximately 615 metres (“m”) west of Weston Road. The Subject Site is a corner lot with an approximate area of 1.16 hectares and has three street frontages of approximately 113 m along Whitmore Road, approximately 73 m along Highway 7, and approximately 67.97 m along Winges Road. The Subject Site is generally rectangular in shape, has flat topography, and currently contains a one-storey commercial building with surface parking.
4The Applicant is proposing a development consisting of three mixed-use buildings with heights of 32, 35, and 38-storeys with a shared podium structure of varying heights. The proposal would include 1,172 dwelling units, 885 parking spaces, retail space along the Highway 7 and Whitmore Road frontages, parkland dedication and a privately owned and publicly accessible landscaped courtyard. A Gross Floor Area (“GFA”) of 93,500 square metres (“m2”) of residential GFA and 1,520 m2 of non-residential GFA is proposed, resulting in a density of approximately 9.5:1 ratio, being the ratio of GFA to the area of the lot (“Proposal”).
5At a recent first CMC related to these Appeals (February 5, 2026), the Tribunal granted Party status to Gallu Construction Inc. (“Gallu”). Additionally, Participant status was conferred on 2371933 Ontario Inc. (“2371933” / “SKY”), and Philip Piluris I.
REQUEST FOR HEARING
6Kingsmoor is seeking the scheduling of a Merit Hearing at the Tribunal’s discretion early in the 2027, for approximately 10 days.
7A recent Motion for Direction (“Motion”) request from the City was granted, in part, by this Tribunal Member (Issued February 17, 2026), allowing for a related Phase 1 Transportation Hearing (“P1TH”), expected to deal with the commonality of issues that exist with this Appeal, and three other appeals, currently before the Tribunal. The P1TH is scheduled to commence for up to 10 days, beginning Monday, August 10, 2026. The other OLT Case Nos. include OLT-25-000288, OLT-25-000733, and more recently, OLT-26-000088 (together, the “P1TH Parties”).
8The matter of OLT Case No. OLT-25-000288 is scheduled to commence its Merit Hearing on Monday, October 26, 2026 (for 10-days).
9The SKY matter in now scheduled for a Merit Hearing on Monday, November 30, 2026 (for 10-days), and the matter of OLT-26-000088 is awaiting its first CMC, scheduled for March 16, 2026.
10Consistent with each of the P1TH Parties, Kingsmoor is requesting the same consideration from the Tribunal, in scheduling their Site Specific matter, accordingly.
TRIBUNAL DIRECTIONS
11After careful consideration of the Tribunal’s calendar, and on consent of the Parties involved with these Kingsmoor Appeals, the Tribunal directed that a Merit Hearing shall be scheduled to commence for 9 days on Tuesday, February 16, 2027, to Friday, February 26, 2027, at 10 a.m. by video conference.
12Parties and/or Participants and/or Observers 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/344779885
Access code: 344-779-885
13Parties and/or 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
14Persons 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: 344-779-885.
15Individuals 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.
16As of March 30, 2026, all hearing events are governed by the Tribunal’s Artificial Intelligence Practice Direction. This Practice Direction requires a party, participant, or witness to include a declaration within each submitted document if generative AI was used to create or generate content.
17The Tribunal also directs that, on consent of the Parties, a draft Final Procedural Order and Issues List be submitted to the Tribunal for its consideration and approval, on or before Friday, May 15, 2026, that will serve to guide the Merit Hearing process as scheduled above.
18Finally, the Tribunal was appreciative of the respectful cooperation between Counsel for all of the Parties present and are reminded of the availability of Tribunal-led mediation, at the appropriate time on consent of the Parties.
ORDER
19THE TRIBUNAL ORDERS THAT:
In the matter of appeals from Kingsmoor Developments Inc., against the City of Vaughan, a Merit Hearing is scheduled to commence on Tuesday, February 16, 2027;
All other directions in this Decision are so ordered.
20The Member is not seized on this matter, however, is available to assist if anything is required from the Parties.
21There will be no further Notice.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.