Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 13, 2026
CASE NO(S).: OLT-26-000002
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CF/OT Buttonville Properties Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To delete the requirement for a Secondary Plan to permit employment uses and to establish development blocks, a stormwater management pond block, and a road network
Reference Number: PLAN 23-128636
Property Address: 2833 16th Avenue and 330 Allstate Parkway
Municipality/UT: Markham/York
OLT Case No.: OLT-26-000002
OLT Lead Case No.: OLT-26-000002
OLT Case Name: CF/OT Buttonville Properties Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CF/OT Buttonville Properties Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To delete the requirement for a Secondary Plan to permit employment uses and to establish development blocks, a stormwater management pond block, and a road network
Reference Number: PLAN 23-128636
Property Address: 2833 16th Avenue and 330 Allstate Parkway
Municipality/UT: Markham/York
OLT Case No.: OLT-26-000001
OLT Lead Case No.: OLT-26-000002
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CF/OT Buttonville Properties Inc.
Subject: Proposed Plan of Subdivision – Refusal
Description: To delete the requirement for a Secondary Plan to permit employment uses and to establish development blocks, a stormwater management pond block, and a road network
Reference Number: PLAN 23-128636
Property Address: 2833 16th Avenue and 330 Allstate Parkway
Municipality/UT: Markham/York
OLT Case No.: OLT-26-000005
OLT Lead Case No.: OLT-26-000002
Heard: February 26, 2026 by Video Hearing
APPEARANCES:
Parties
Counsel
CF/OT Buttonville Properties Inc. (“Appellant”)
Sidonia Tomasella Naomi Mares
City of Markham (“City”)
Maggie Cheung-Madar
77499 Ontario Limited (“60 Renfrew”)
Jeffrey Streisfield
MEMORANDUM OF ORAL DECISION DELIVERED BY Gregory J. Ingram ON February 26, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This is the first Case Management Conference (“CMC”) with respect to appeals by the Appellant against the City’s refusal of applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”), and a Proposed Draft Plan of Subdivision (“DPS”). The Appellant owns lands located at 2833 16th Avenue and 330 Allstate Parkway, in the City (“Subject Lands”).
2Briefly summarized, the purpose of the OPA is to permit the proposed development without a Secondary Plan , while the ZBA proposed would rezone a portion of the Subject Lands from a Transportation and Utilities Zone to a zone category that permits employment uses, and finally, the purpose of the DPS is to establish development blocks, a stormwater management pond block, and a road network to facilitate the extensions of the Allstate Parkway and Renfrew Drive to 16th Avenue through the Subject Lands.
3Following a process of consultations with City staff, the Appellant submitted applications to City Council, which were refused on November 25, 2025. The City Planning Staff Report recommended approving the applications.
February 26, 2026 CMC
4The Parties provided an update to the Tribunal, which included a request that a draft Procedural Order (“PO”) be submitted at a future date, Party and Participant status requests be determined, and that the Tribunal proceed to set dates for a seven-day hearing. It is anticipated that each Party may call one or two witnesses.
5The Tribunal provided notice of this CMC, on which provides satisfactory evidence that proper notice of today’s CMC has been provided, and as such, no further notice is required. The Notice was marked as Exhibit 1.
6Party status was granted to 60 Renfrew. 60 Renfrew has participated in the municipal process associated with these appeals, is an adjacent property owner, and plans to fully participate in these proceedings. In their request for Party status, 60 Renfrew identified planning concerns related to traffic and transportation and submits that the applications “do not align with longstanding Markham transportation policies”. There were no objections from the other Parties regarding this status request.
7Phil Stewart was granted Participant status to the proceedings based on the planning issues he raised, and with the consent of the Parties. Mr. Stewart lives close to the Subject Lands, has participated in the municipality’s public process and proposes designating the Subject Lands for health-related services.
8The Appellant is open to ongoing discussions with the other Parties, with hopes of scoping the issues. Counsel expects that this can occur without the assistance of Tribunal-led mediation.
NEXT STEPS
9The Tribunal set a seven-day Merit Hearing to proceed by video on Monday, June 22, 2026 at 10 a.m., concluding on Tuesday, June 30, 2026.
10The Parties were directed to submit their issues lists to the Appellant by Tuesday, March 10, 2026, for inclusion in a draft PO to be submitted on consent to the Case Coordinator by Tuesday, March 17, 2026. The Tribunal will issue this Decision and consider the draft PO upon receipt.
11Parties 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://meet.goto.com/357283957
Access code: 357-283-957
12Parties 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
13Persons 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: +1-647-497-9391 or (toll-free) +1-888-455-1389. The access code is: 357-283-957.
14Individuals 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.
15As 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.
16The Tribunal is available to assist with the finalization of the PO, if required.
17The Member is not seized, and no further notice is required.
ORDER
18THE TRIBUNAL ORDERS THAT:
- The dates and particulars of the Merit Hearing and submission of the Procedural Order are set out above, beginning in paragraph [9].
“Gregory J. Ingram”
GREGORY J. INGRAM
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.