Gemini Urban Design (W) Corporation v. Vaughan (City), 2026 CanLII 28946

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

March 26, 2026

CASE NO.:

OLT-25-000431

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

Applicant/Appellant:

Gemini Urban Design (W) Corporation

Subject:

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

Description:

Development of back-to-back townhouse block and underground parking garage

Reference Number:

OP.24.010

Property Address:

140 Simmons Street L4H 4X7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000431

OLT Lead Case No.:

OLT-25-000431

OLT Case Name:

Gemini Urban Design (W) Corporation v. Vaughan (City)

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

Applicant/Appellant:

Gemini Urban Design (W) Corporation

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

Development of back-to-back townhouse block and underground parking garage

Reference Number:

Z.24.023

Property Address:

140 Simmons Street L4H 4X7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000432

OLT Lead Case No.:

OLT-25-000431

BEFORE:

JEAN-PIERRE BLAIS

Thursday, the 26^th^

VICE-CHAIR

day of March, 2026

THE TRIBUNAL ORDERS that the Procedural Order, as agreed to between 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 June, 22, 2026. The Tribunal has set aside 7 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

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

Applicant and Appellant:

Gemini Urban Design (W) Corporation

Subject:

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

Description:

Development of back-to-back townhouse block and underground parking garage

Reference Number:

OP.24.010

Property Address:

140 Simmons Street L4H 4X7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000431

OLT Lead Case No:

OLT-25-000431

OLT Case Name:

Gemini Urban Design (W) Corporation v. Vaughan (City)

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

Applicant and Appellant:

Gemini Urban Design (W) Corporation

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

Development of back-to-back townhouse block and underground parking garage

Reference Number:

Z.24.023

Property Address:

140 Simmons Street L4H 4X7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000432

OLT Lead Case No:

OLT-25-000431

OLT Case Name:

Gemini Urban Design (W) Corporation v. Vaughan (City)

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 June 22, 2026 at 10:00 a.m. by video hearing, details of which are below.

GoTo Meeting: https://global.gotomeeting.com/join/344779885

Access Code: 344-779-885

3. The parties’ initial estimation for the length of the hearing is 7 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.

4. The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).

5. The issues are set out in the Issues List attached as Attachment 2. 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 3 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 the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.

7. Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.

8. Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearings Guide, available on the Tribunal’s website.

Requirements Before the Hearing

9. If the applicant intends to seek approval of a revised proposal before the hearing, the applicant shall provide details of the revised proposal, including plans and revised drafts instruments on or before April 7, 2026.

10. 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 on or before April 10, 2026 and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.

11. Expert witnesses in the same field shall have a meeting on or before April 24, 2026 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before May 1, 2026. All documents prepared/exchanged and all discussions between expert witnesses are confidential and without prejudice with the exception of the Statement of Agreed Facts and Issues.

12. 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. Copies of this must be provided as in paragraph 14 below. 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.

13. 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. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 14 below.

14. On or before May 13, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.

15. On or before May 8, 2026, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

16. On or before June 8, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

17. On or before June 15, 2026, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before May 27, 2026 in accordance with paragraph 23 below.

19. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before June 12, 2026.

20. A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.

21. A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.

22. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before June 15, 2026 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.

23. All filings shall be submitted electronically unless otherwise directed. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.

24. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

____________________________

TRIBUNAL REGISTRAR

Meaning of Terms Used in the Procedural Order:

A 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. An unincorporated group cannot be a party and 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 authorisation 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 (CMC), must ask the Tribunal to permit this.

A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.

A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.

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

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 he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.

An expert witness statement should include his or her (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 supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.

A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.

Additional Information:

A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.

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.

LIST OF PARTIES AND PARTICIPANTS

PARTIES:

1. Gemini Urban Design (W) Corporation

Joel Farber and Shane Gould Fogler, Rubinoff LLP Scotia Plaza 40 King Street West, Suite 2400 Toronto, ON M5H 3Y2

Email: jfarber@foglers.com and sgould@foglers.com

Tel: (647) 287-3058 and (416) 862-4396

2. City of Vaughan

Zaynab Al-waadh Legal Counsel Planning, Growth Management and Housing Delivery 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1

Email: zaynab.al-waadh@vaughan.ca Tel: (905) 832-8585 ext. 8063

3. Toronto and Region Conservation Authority

Kim Mullin and Sean Ovas Wood Bull LLP 65 Queen Street West, Suite 1400 Toronto, ON M5H 2M5

Email: kmullin@woodbull.ca and sovas@woodbull.ca Tel: (416) 203-5633 and (416) 203-7306

LIST OF ISSUES

Note: The identification of an issue on this Issues List is intended to provide notice to all parties that a party will lead evidence and/or argument on the matter. This identification does not serve as an acknowledgement of relevancy to the determination of the Tribunal at the hearing. The extent to which these issues are appropriate or relevant to the determination of the Tribunal at the hearing will be a matter of evidence and argument at the hearing.

A party may revise their Issues List in response to any revised proposal submitted pursuant paragraph 9 of this Procedural Order.

Gemini Urban Design (W) Corporation:

1. Does the proposed Official Plan Amendment and Zoning By-law Amendment have sufficient regard for the matters of provincial interest under Section 2 of the Planning Act, and in particular subsections a, h, j, o, p, q, r?

2. Is the proposed Official Plan Amendment and Zoning By-Law Amendment consistent with the Provincial Planning Statement, 2024 and in particular policies: 2.1.6, 2.2, 2.3.1, 3.6, 4.1, and 5.2?

3. Can the Proposed Development be adequately serviced by existing municipal infrastructure?

4. Will the Proposed Development have any adverse environmental impacts?

5. Does the Proposed Development provide a new housing type that increases the supply and density of the housing stock in the surrounding area?

6. Does the Proposed Development create any natural hazards?

7. Is the Proposed Development compatible with, does it transition to, and does it integrate with the surrounding neighbourhood?

8. Is the proposed Official Plan Amendment and Zoning By-Law Amendment in the public interest?

9. Does the proposed Official Plan Amendment and Zoning By-Law Amendment represent good planning?

City of Vaughan:

Policies

1. Do the proposed Official Plan and Zoning By-law Amendments (the “Proposed Development”) have regard to relevant matters of provincial interest under section 2 of the Planning Act, specifically 2 (a), (h), (m), (n), (o), (p), (q), (r), and 2.1(2)?

2. Is the Proposed Development consistent with the Provincial Planning Statement, 2024, including but not limited to sections 2.1.6(a), 2.2.1(c), 2.3.1.1, 2.4.1.1, 2.4.1.3(a) – (c), 3.6.1, 3.6.2, 3.6.7, 3.6.8, 4.1.1, 4.1.2, 4.1.5(b), (c) and (d), 4.1.7, 4.1.8, 6.1., 6.2.1(e) and (f) reading the Provincial Policy Statement (2024) in its entirety and applying the relevant policies to this situation?

3. Does the proposed development conform with the York Region Official Plan 2022, including, but not limited to, Sections 3.1.1, 3.1.3, 3.1.4, 3.1.6, 3.1.7, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 3.4.1(a), (e), (f), and (g), 3.4.4, 3.4.5, 3.4.8, 3.4.9, 3.4.13, 3.4.27, 3.4.30, Map 1, Map 1A, Map 1B, Map 2 and Map 5.

4. Does the proposed development conform with the City of Vaughan Official Plan 2010, including, but not limited to sections 2.2.2, 2.2.2.1, 2.2.3, 2.2.3.2, 2.2.3.3, 3.1.1, 3.2.1, 3.2.1.2, 3.2.3, 3.2.3.1(a)(i) and (c), 3.2.3.3, 3.2.3.4(a), (c), and (d),3.2.3.7, 3.2.3.8, 3.2.3.9, 3.2.3.10, 3.3.1, 3.3.1.1, 3.3.3, 3.3.3.1, 3.3.3.2, 3.3.3.3, 3.3.3.4, 3.3.4, 3.3.4.1, 3.3.4.2, 3.3.4.3, 3.3.7, 3.3.7.1, 3.3.7.2, 3.9.2.2, 9.1.2.1(a), 9.1.2.2(c), (d), (e), (f), (g), (h), 9.2.3.2, Schedule 1, Schedule 2, Schedule 13, and Schedule 14?

5. Would the proposed development establish a consistent level of design excellence as required by the City-Wide Urban Design Guidelines (2018) inclusive of sections CWUDG: 2.3 (principles 4 and 7), 3.1, 4.2.1, 4.3.5(a), (i), (j),and (m), 5.2.1(a), 5.2.6 (a), (b), (c) and (f), 5.3.4 (b) and (c), 5.3.5 (c), (f), and (p),5.3.8 (b) and (i) (2nd, 3rd and 4th arrow), 6.1.1 (b), 6.1.1 “Site Landscape” (h) and 7.3.2 (a), (b), and (f).

Land Use Compatibility and Urban Design

6. Does the proposed development represent appropriate intensification?

7. Does the proposed development fit appropriately and compatibly within the existing and planned context and area character?

8. Is the proposed built form appropriate, including the proposed building typology, height, density, and setbacks (inclusive of vegetation protection zones)?

9. Does the proposed development promote appropriate accessibility, walkability and connectivity?

10. Does the proposed development represent good planning? Would approval of the proposed development be in the public interest?

Natural Heritage/Ecology

11. Is the Environmental Impact Study (EIS) adequate and complete? Is the proposed development premature in the absence of a complete EIS establishing baseline ecological conditions as a threshold issue?

12. What are the natural heritage features present/within 120 m of the subject site?

a. Have their limits been appropriately delineated?

b. Have appropriate vegetation protection zones/buffers and setbacks been provided?

c. Has sufficient mitigation been provided to avoid a negative impact?

d. Will the functions of the natural features be negatively impacted by the proposed development?

13. Which lands within and beyond the subject lands are appropriate to be included in an Environmental Impact Statement to assess the natural area features adequately?

14. Is the proposed vegetative protection zone encroachment a sufficient buffer to protect the ecological functions of the Significant Woodlands?

15. Does the proposed restoration and enhancement area achieve no negative impact for the Significant Woodlands?

16. Does the EIS adequately address potential species at risk in accordance with the requirements of the Endangered Species Act, 2007?

17. Can impacts to candidate significant wildlife habitat be avoided or mitigated without first confirming the species presence and habitat use?

18. Does the proposed development create an appropriate transition to the natural heritage features?

Transportation

19. Does the Transportation Impact Study (TIS) address all technical comments of the City of Vaughan?

Development Engineering

20. Does the Functional Servicing and Stormwater Management Report (FS&SWMR) provide sufficient information with respect to water supply (demand, flow, pressure, etc), wastewater (existing and proposed sewage flows, downstream analysis, etc), and storm and overland flow (appropriate stormwater modelling information and implementation, operation and maintenance cost and future replacement costs for any proposed municipal infrastructure related to quantity and quality controls, short-term construction and long-term dewatering information and recommendations)?

21. Does the proposed development have sufficient water and wastewater servicing allocation?

Implementation

22. If the Tribunal allows the appeals in whole or in part, should the proposed Zoning By-Law be subject to Holding provisions “(H)”, and if yes, what “H” provisions are appropriate?

23. In the event the Tribunal allows the appeals in whole or in part, what is the appropriate form and content of the proposed Official Plan Amendment to the VOP 2010 and Zoning By-Law Amendments to By-law 001-2021?

Toronto and Region Conservation Authority:

1. Are the proposed Official Plan Amendment and Zoning By-law amendment consistent with policies 5.1, 5.2.1, 5.2.2 and 5.2.8 of the PPS?

ORDER OF EVIDENCE

IN CHIEF:

1. Gemini Urban Design (W) Corporation

2. City of Vaughan

3. Toronto and Region Conservation Authority

REPLY:

4. Gemini Urban Design (W) Corporation

ATTACHMENT 4

SUMMARY OF PROCEDURAL DATES

DATE

EVENT

April 7, 2026

Applicant to provide revised proposal, if necessary

April 10, 2026

Exchange of list of witnesses and the order in which they will be called

April 24, 2026

Meeting of expert witnesses to be completed

May 1, 2026

Filing of agreed statements of facts and issues

May 8, 2026

Exchange of Participant Statements

May 13, 2026

Exchange of witness statements

May 27, 2026

Responses to any written evidence

June 8, 2026

Confirm with the Tribunal if all the reserved hearing dates are still required

June 12, 2026

File joint document book

June 15, 2026

Exchange of Visual Evidence

June 15, 2026

File Hearing Plan

June 22, 2026

Hearing commences