Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 30, 2026
CASE NO(S).: OLT-25-000968
PROCEEDING COMMENCED UNDER subsection 42(4.9) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Building Industry and Land Development Association (BILD), Berczy Glen Landowners Group Inc., Angus Glen Landowners Group Inc., Robinson Glen Landowners Group Inc., Cornell CSA Group Limited, 4716 Elgin Mills Markham Ltd., Kylemore Communities additional specific parcels, Metropia Minto (Sixteenth) Holdings Inc., Enterprise Boulevard Inc., Upper Markham Village Landowners Group Inc., Robinson Glen East Landowners Group Inc.
Appellant: 2690622 Ontario Inc.
Appellant: Markham Centre Landowners Group Inc.
Appellant: Lindwide Developments (Cornell) Limited and Lindvest Properties (Cornell) Limited
Appellant: 2585231 Ontario Inc.
Subject: Appeal of decision
Description: City of Markham Parkland Conveyance By-law 2025-101
Reference Number: By-Law 2025-101
Property Address: City Wide
Municipality/UT: Markham / York
OLT Case No: OLT-25-000968
OLT Lead Case No: OLT-25-000968
OLT Case Name: Building Industry and Land Development Association et al. v. Markham (City)
Heard: March 19, 2026, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2585231 Ontario Inc., 2690622 Ontario Inc. & Markham Centre Landowners Group Inc. | S. Kagan J. Park (in absentia) |
| Building Industry & Land Development Association (BILD), Berczy Glen Landowners Group Inc., Angus Glen Landowners Group Inc., Robinson Glen Landowners Group Inc., Cornell CSA Group Limited, 4716 Elgin Mills Markham Ltd., Kylemore Communities additional specific parcels, Metropia Minto (Sixteenth) Holdings Inc., Enterprise Boulevard Inc., Upper Markham Village Landowners Group Inc., Robinson Glen East Landowners Group Inc. | S. Kagan I. Kagan (in absentia) |
| Lindwide Developments (Cornell) Ltd. and Lindvest Properties (Cornell) Ltd. | M. McDermid |
| City of Markham | B. O’Callaghan M. Cheung-Madar J. Fraser (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED ON MARCH 19, 2026 BY S. deBOER AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for the appeals by 2585231 Ontario Inc., 2690622 Ontario Inc., Markham Centre Landowners Group Inc., Lindwide Developments (Cornell) Limited and Lindvest Properties (Cornell) Limited, Building Industry & Land Development Association (BILD), and the other 10 landowner groups listed above (together referred to as “Appellants”), and pursuant to s. 42(4.9) of the Planning Act due to the City of Markham’s (“City”) passing of a new City-wide Parkland Conveyance By-law No. 20205-101 (“ZBL”).
2The purpose of the CMC was to review any further Party or Participant status requests with the Appellants and to set the next CMC event due to the Parties having formally requested a Tribunal-led mediation prior to this CMC event.
BACKGROUND
3The purpose of the new ZBL was to align the City’s Parkland Conveyance By-law with the changes pertaining to parkland dedication provisions introduced through the Province’s Bill 23. The proposed ZBL would allow the City to optimize its ability to secure parkland and establish clear criteria for parkland dedications under the authority of the Act.
PARTY OR PARTICIPANT STATUS
4The Tribunal did not receive any Party or Participant requests before nor during the CMC.
TRIBUNAL-LED MEDIATION
5Prior to the CMC, the Parties indicated to the Tribunal that they would be open to Tribunal-led mediation. As such, the Tribunal had scheduled a mediation assessment to occur after the CMC. As the mediation assessment had not been completed prior to the CMC, the Parties requested that a second CMC occur in the fall of 2026. Due to the mediation assessment occurring after this CMC, the Tribunal granted the request for a second CMC to occur in the early fall of 2026.
6After the completion of the CMC, the Tribunal confirmed through the Case Coordinator that the Tribunal-led mediation assessment has been completed and that the Parties confirmed via email to the Case Coordinator that they will be entering into Tribunal-led mediation.
NEXT HEARING EVENT
7Due to the scheduling of Tribunal-led mediation, the Tribunal has scheduled a second CMC to occur on Thursday, September 17, 2026, at 10 a.m. by video conference.
8The Parties are directed to notify the Tribunal as to the results of the mediation after the mediation has concluded. This will allow the Tribunal to direct the Parties as to how they are to prepare for the next CMC.
9Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting Link: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
10Parties 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
11Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is same as mentioned above.
12As 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.
ORDER
13THE TRIBUNAL ORDERS THAT there will be no further Notice, and orders its directions listed above. The Member is not seized but may be spoken to if procedural issues arise, schedule permitting.
“S. deBoer”
S. deBOER
MEMBER
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.