2371933 Ontario Inc. v. Vaughan (City), 2026 CanLII 33052

Ontario Land Tribunal

ISSUE DATE: April 9, 2026

CASE NO.: OLT-25-000733

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

Applicant/Appellant: 2371933 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: 42-storey and 45-storey mixed-use residential buildings Reference Number: OP.21.006 Property Address: 7520, 7540 and 7560 Weston Road Municipality/UT: Vaughan/ OLT Case No: OLT-25-000733 OLT Lead Case No: OLT-25-000733 OLT Case Name: 2371933 Ontario Inc. v. Vaughan (City)

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

Applicant/Appellant: 2371933 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: 42-storey and 45-storey mixed-use residential buildings Reference Number: Z.21.009 Property Address: 7520, 7540 and 7560 Weston Road Municipality/UT: Vaughan/York OLT Case No: OLT-25-000734 OLT Lead Case No: OLT-25-000733

BEFORE: STEVEN T. MASTORAS MEMBER Thursday, the 9th day of April, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on February 19, 2026, 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 November 30, 2026. The Tribunal has set aside 10 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/Appellant: 2371933 Ontario Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: 42-storey and 45-storey mixed-use residential buildings Reference Number: OP.21.006 Property Address: 7520, 7540 and 7560 Weston Road Municipality/UT: Vaughan/ OLT Case No: OLT-25-000733 OLT Lead Case No: OLT-25-000733 OLT Case Name: 2371933 Ontario Inc. v. Vaughan (City)

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

Applicant/Appellant: 2371933 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: 42-storey and 45-storey mixed-use residential buildings Reference Number: Z.21.009 Property Address: 7520, 7540 and 7560 Weston Road Municipality/UT: Vaughan/York OLT Case No: OLT-25-000734 OLT Lead Case No: OLT-25-000733

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 video hearing will begin on November 30, 2026, at 10:00 am by video conference through the following link:

Link: https://global.gotomeeting.com/join/692665589 Access code: 692-665-589.

3. The parties’ initial estimation for the length of the hearing is 10 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. Attachment 1 contains a summary of all procedural order deadlines.

5. The parties and participants identified at the case management conference are set out in Attachment 2 See Attachment 5 for the meaning of these terms.

6. The issues are set out in the Issues List attached as Attachment 3. 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.

7. The order of evidence shall be as set out in Attachment 4 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.

8. 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 and 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.

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

Requirements Before the Hearing

10. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, and updated supporting documents and reports to the other parties on or before July 3, 2026. The applicant acknowledges that any revisions to the proposal after that date without the consent of the parties may be grounds for a request to adjourn the hearing.

11. 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, the expert witness(es)’ curriculum vitae and Acknowledgment of Expert Duty form(s), and the order in which they will be called. This list must be delivered on or before August 4, 2026. For expert witnesses, a party is to identify the area of expertise in which the witness is proposed to be qualified.

12. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the area of expertise proposed shall be made by motion in accordance with the Tribunal’s Rules of Practice and Procedure and notice of same must be served on the parties on or before August 12, 2026.

13. Expert witnesses in the same field shall have at least one meeting on or before August 27, 2026, to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties may prepare and file a Statement of Agreed Facts and confirm the remaining issues to be addressed with the OLT case co-ordinator on or before September 16, 2026.

14. On or before September 22, 2026, the parties shall provide copies of any witness and expert witness statements to the other parties and to the OLT case co-ordinator.

15. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, on or before September 22, 2026.

16. Expert witnesses 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. Instead of an expert 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.

17. 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 on or before September 22, 2026.

18. On or before September 22, 2026, a participant shall provide copies of their written participant statement to the other parties. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

19. On or before October 8, 2026, the parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence.

20. On or before October 26, 2026 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

21. On or before October 30, 2026 the parties shall provide copies of their visual evidence to all of the other parties. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

22. The parties shall cooperate to prepare a joint document book. A final copy will be served to all parties and shared with the OLT case co-ordinator on or before November 10, 2026.

23. 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.

24. 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.

25. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before November 20, 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 Hearing Plan should be adhered to during the Hearing Event to the best ability of all the parties, and any and all witnesses shall be available on the identified date(s), unless otherwise directed by the Tribunal. The Tribunal may, at its discretion, change or alter the Hearing Plan throughout the Hearing Event.

26. All filings shall be submitted electronically to the Tribunal, parties, and any participants. The Tribunal will be provided a hard copy of documents and materials in advance of the hearing event as soon as practicable upon request. 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. All documents to be filed with the Tribunal shall be organized, tabbed and digitally searchable and such materials will be filed in accordance with directions contained in the Tribunal’s Video Hearing Guide, or as may be amended.

27. As 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.

28. 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

Attachment 1

Summary Of Dates

DATE	EVENT
July 3, 2026 (150 days before the hearing is scheduled to commence)	Last date to provide copies of revised proposal, including all revised plans and drawings (if any)
August 4, 2026 (118 days before the hearing is scheduled to commence)	Exchange of witness lists (names, disciplines and order to be called)
August 12, 2026 (110 days before the hearing is scheduled to commence)	Last date to challenge witnesses or qualifications of a witness to give opinion evidence (if necessary)
August 27, 2026 (95 days before the hearing is scheduled to commence)	Experts meeting prior to this date
September 16, 2026 (75 days before the hearing is scheduled to commence)	Statement of agreed facts
September 22, 2026 (69 days before the hearing is scheduled to commence)	Exchange of witness statements, summoned witness outlines, expert reports, and participant statements
October 8, 2026 (53 days before the hearing is scheduled to commence)	Exchange of reply witness statements (if any)
October 26, 2026 (35 days before the hearing is scheduled to commence)	Parties to Advise Tribunal if any hearing dates are to be released from the hearing calendar (if any)
October 30, 2026 (31 days before the hearing is scheduled to commence)	Exchange of visual evidence (if any)
November 10, 2026 (20 days before the hearing is scheduled to commence)	Finalize joint document book
November 20, 2026 (10 days before the hearing is scheduled to commence)	Hearing plan filed with the Tribunal
November 30, 2026	Hearing commences

Attachment 2

List of Parties and Participants

A. PARTIES

1. 2371933 Ontario Inc. (Applicant/Appellant) Counsel Cassels Brock & Blackwell LLP 40 Temperance Street, Suite 3200 Toronto, ON M5H 0B4 Signe Leisk /Jennifer Evola Email: sleisk@cassels.com / jevola@cassels.com Tel: 416.869.5411 / 416.860.6753

2. City of Vaughan Counsel Weirfoulds LLP 66 Wellington St W Suite 4100, Toronto, ON M5K 1B7 Raj Kehar Email: rkehar@weirfoulds.com Tel: 416.947.5051

City of Vaughan Vaughan City Hall 2141 Major Mackenzie Dr. Vaughan, ON L6A 1T1 Colin Dougherty Email: Colin.Dougherty@vaughan.ca Tel: 905-832-2281 exts. 8571

B. PARTICIPANTS

1. Kingsmoor Developments Inc. Counsel KAGAN SHASTRI DEMELO WINER PARK LLP 188 Avenue Road Toronto, ON M5R 2J1 Paul M. DeMelo, Partner pdemelo@ksllp.ca +1 (437) 780-3435 Daniel Angelucci, Associate dangelucci@ksllp.ca +1 (437) 782-1348

2. Gallu Construction Inc. Counsel OVERLAND LLP 5255 Yonge Street, Suite 1101 Toronto, ON M2N 5P8 Daniel Artenosi, Partner dartenosi@overlandllp.ca +1 (416) 669-4366 Justine Reyes, Associate jreyes@overlandllp.ca +1 (416) 730-0337

Attachment 3

Issues List

NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that the issue is either relevant or appropriate. The identification of an issue on this list by a Party indicates that Party’s intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the Tribunal having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the Tribunal.

City of Vaughan

Planning Act

1. Do the proposed Official Plan Amendment, Zoning By-law Amendment, and the development it permits (the “Proposed Development”) have appropriate regard for the matters of provincial interest as set out in Section 2 of the Planning Act, including (f), (h), (k) and (r)?

Provincial Planning Statement

2. Is the Proposed Development consistent with the Provincial Planning Statement (2024) including but not limited to Sections 2.1.6a), 2.2.1c), 2.3.1.2, 2.3.1.3, 2.3.1.4, 2.3.1.6, 2.4.1.3.a) b), 2.8.1.1(d), 3.1.1, 3.1.2 and 3.2?

Region of York Official Plan

3. Is the Proposed Development in conformity with or otherwise meet the intent and goals of the Region of York Official Plan (2022), including but not limited to Sections 2.3.2, 4.1.3, 4.2.1, 4.4 (including 4.4.1, 4.4.2, 4.4.11, 4.4.25, 4.4.38), 6.1.3, 6.4.3, and Appendix 2, and Maps 1, 1A, 1B, 9A, 10, and 11?

City of Vaughan Official Plan 2010

4. Does the Proposed Development conform with or otherwise meet the intent and goals of the policies of the City of Vaughan Official Plan, including but not limited to: Sections 1.5 – Goal 8, 2.1.3.2, 2.2.1.1, 2.2.1.2, 2.2.5 (including 2.2.5.6), 4.2.1.32, 4.2.2.13, 4.2.3, 4.3.3, 5.1.1, 5.2.3, 7.5, 8.1.1.6, 8.1.1.7, 9.1, 9.1.1, 9.1.1.1, 9.1.1.10, 9.1.2, 9.1.2.1, 9.1.2.7, 9.2, 9.2.1.12, 9.2.2.4, 9.2.2.6, 9.2.3.5, 9.2.3.6, 10.1.1, 10.1.1.1, 10.1.1.3, 10.1.1.4, 10.1.1.5, 10.1.1.6, 10.1.1.8, 10.1.1.9, 10.1.1.10, 10.1.1.12, 10.1.1.13, 10.1.1.14, 10.1.2.5, 10.1.2.6, 10.1.2.8, 10.1.3.4, 10.1.3.6, 10.2.1.1, 10.2.1.5, 10.2.1.8, Figure 6; and Schedules 1, 1A, 1C, 9, 10, 13, and 14A?

Prematurity

5. Is the Proposed Development premature in the absence of an in-effect Weston 7 Secondary Plan?

Vaughan Official Plan 2025 & Weston 7 Secondary Plan

6. Does the Proposed Development have regard for the adopted Vaughan Official Plan 2025 and the adopted Weston 7 Secondary Plan?

Good Planning

7. Does the Proposed Development represent good planning and is it in the public interest?

Land Use Compatibility and Built Form

8. Is the proposed building height, building form, massing, scale, and siting, stepbacks, intensification and density appropriate, considering the Subject Site, the policy context, and the character of the surrounding lands?

9. Does the Proposed Development provide sufficient space for landscaping and open space on the site?

10. Does the Proposed Development establish an appropriate relationship to the public realm, its abutting properties and lands within its vicinity?

11. Would the Proposed Development result in adverse impacts on surrounding lands due to the existing and/or planned land uses in the vicinity of the Subject Site?

12. Have the shadow impacts of the Proposed Development been adequately minimized?

13. Does the Proposed Development propose a sufficient amount of commercial space? Does the Proposed Development reflect the objective of implementing mixed use development?

14. Does the Proposed Development have regard to the Design Priorities set in the City-Wide Urban Design Guidelines (2018), including Performance Standards contained within sections 4.3, 5.2. 5.3, 6.1, 6.2, 7.2?

Transportation Network, Traffic and Parking

15. From a transportation perspective, are the proposed accesses and internal site layout for the Proposed Development appropriate?

16. Is the Proposed Development’s supply of vehicular parking appropriate and encourage the use of sustainable transportation options? Are the Transportation Demand Management (TDM) measures proposed acceptable and adequate to encourage the use of sustainable transportation options?

17. Does the Proposed Development implement the Tribunal’s findings from the Phase 1 Transportation Hearing (the “Phase 1 Decision”), if the Phase 1 Decision is available and applicable, with respect to: (i) transportation matters, generally; and (ii) what, if any, transportation improvements (including those identified in the TMP & Weston 7 Secondary Plan) are required to be implemented by the Proposed Development?

Servicing

18. Is it appropriate that the Owner front-end finance and construct or contribute its proportionate share of the cost(s) associated with implementing the recommended municipal servicing infrastructure improvements identified in the Weston Road and Highway 7 Secondary Plan Area Functional Servicing Strategy Report to accommodate ultimate build-out of the Weston Road and Highway 7 Secondary Plan Area, including specifically as it relates to wastewater servicing, per the conclusions and recommendations of the City’s Integrated Urban Water Master Plan Class Environmental Assessment, to the satisfaction of the City?

19. Having regard to the current and emerging planning context, including the Council adopted Weston 7 Secondary Plan, is the Proposed Development appropriate from an area-wide servicing perspective?

20. Is there sufficient existing municipal infrastructure capacity to service the Proposed Development with water, sewer and stormwater management facilities? If not, are appropriate improvements proposed by the Owner?

21. Has a satisfactory revised Functional Servicing and Storm Water Management Report been provided to address the storm and sanitary sewer servicing needs of the Proposed Development?

Implementation

22. In the event that the Tribunal allows the appeals in whole or in part, should the Proposed Development be subject to Holding Provisions (“H”) to require, among other things, the recommended conditions set out in Attachment 9 of the City staff report dated December 2, 2025? What, if any, conditions need to be added arising from the Phase 1 Decision if available and applicable?

Form & Content of Amendments

23. Is the form and content of the draft Official Plan Amendment and the draft Zoning By-law Amendment to By-law 001-2021 appropriate? Does it address the findings of the Phase 1 Decision if available and applicable? If not, should the Tribunal’s Final Order be withheld pending the City’s satisfaction regarding the form and content of the draft instruments and to ensure it implements the findings of the Phase 1 Decision if available and applicable?

Attachment 4

NOTE: Where Parties of like interest have issues in common, they shall make reasonable efforts to coordinate their examinations-in-chief and cross-examinations so as to minimize any duplication or overlap of evidence. The Order of Evidence will be described in greater detail in the Hearing Plan that is filed with the Tribunal.

1. 2371933 Ontario Inc. (Applicant/Appellant)
2. City of Vaughan
3. Reply by 2371933 Ontario Inc. (if necessary)

Attachment 5

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.