Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 27, 2026
CASE NO(S).: OLT-25-000884
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2133904 Ontario Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of Mid-Rise Residential and High-Rise Residential consisting of 11 to 14 storey buildings
Reference Number: OP.24.013
Property Address: 89 & 99 Nashville Road
Municipality/UT: Vaughan/York
OLT Case No.: OLT-25-000884
OLT Lead Case No.: OLT-25-000884
OLT Case Name: 2133904 Ontario Inc. v. Vaughan (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2133904 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of Mid-Rise Residential and High-Rise Residential consisting of 11 to 14 storey buildings
Reference Number: Z.24.030
Property Address: 89 & 99 Nashville Road
Municipality/UT: Vaughan/York
OLT Case No.: OLT-25-000883
OLT Lead Case No.: OLT-25-000884
Heard: April 22, 2026, by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2133904 Ontario Inc. | G. Borean |
| City of Vaughan | M. Rubin |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON APRIL 22, 2026, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation for the appeals by 2133904 Ontario Inc. (“Appellant”) pursuant to s. 22(7) and 34(11) of the Planning Act due to the City of Vaughan’s (“City”) failure to make a decision on the applications within the statutory timelines. The planning amendment applications would permit the redevelopment of the lands known as 89 and 99 Nashville Road, in the Town of Kleinburg (“Subject Lands”). The proposed redevelopment would include the building of mid-rise and high-rise residential buildings.
2The purpose of the CMC was to review any Party and Participant status requests and set a date for the next hearing event.
AFFIDAVIT OF SERVICE
3The Tribunal reviewed the Affidavit of Service of Notice of the CMC, which was served on February 27, 2026, by Christina Presenza. As the Tribunal found that there no issues with the Notice, the Tribunal ruled that no further Notice is required and marked the Affidavit of Service as Exhibit 1 to this CMC.
PARTY AND PARTICIANT REQUESTS
4The Tribunal did not receive any Party requests prior to, nor during the CMC. Prior to the CMC, the Tribunal had received Participant status requests from the following persons and organizations:
- Kleinburg and Area Ratepayers Association (“KARA”) – represented by John Cutler;
- Marsha Lomis;
- Mario Zuccaro;
- Mark and Lorraine Inglis; and
- Alexandra Battison.
5The Appellant had some questions concerning some possible duplication of Participant Statements, that being that some of the individual participants and their statements are also apart of KARA. As not all the Participants were present at the CMC, the Tribunal ruled that it would not make any rulings on the Participant requests until the next CMC so further investigation of any possible duplication of Participants and their Participant Statements can be clarified.
PROCEDURAL ORDER
6The Parties confirmed that they had previously participated in Tribunal-led mediation. As a result of this mediation, the City had not received instructions from City Council as to how to move forward on the appeals. The City stated that it would be able to work with the Appellant in preparing a Procedural Order (“PO”) and Issues List (“IL”) prior to the next hearing event, after it had received instructions from City Council. The Parties requested that a further CMC be scheduled in the first two weeks of May 2026. This would allow enough time for the City to receive said instructions and to assist in the preparation of the PO and IL for the next hearing event. The Tribunal agreed with this process and has scheduled a further CMC to occur on Monday, May 11, 2026. This CMC will be used to finalize any status requests and review the PO and IL. The Parties are directed to provide a draft PO and IL to the Tribunal prior to the next CMC event for its review.
SECOND CASE MANAGEMENT CONFERENCE
7The Tribunal has scheduled a second CMC to proceed by video on Monday, May 11, 2026, at 10 a.m.
8Parties and 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/687587165
Access code: 687-587-165
9Parties 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
10Persons 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: 687-587-165.
11Individuals 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.
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: 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.