Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
May 11, 2026
CASE NO(S).:
OLT-26-000059
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
8111 Kennedy Markham Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the redevelopment of the Subject Site with a high-density residential/mixed-use community
Reference Number:
Plan 21 145907
Property Address:
8111 Kennedy Rd
Municipality/UT:
Markham/York
OLT Case No.:
OLT-26-000059
OLT Lead Case No.:
OLT-26-000059
OLT Case Name:
8111 Kennedy Markham Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
8111 Kennedy Markham Inc.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the redevelopment of the Subject Site with a high-density residential/mixed-use community
Reference Number:
Plan 21 145907
Property Address:
8111 Kennedy Rd
Municipality/UT:
Markham/York
OLT Case No.:
OLT-26-000057
OLT Lead Case No.:
OLT-26-000059
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of the Subject Site with a high-density residential/mixed-use community
Reference Number:
Plan 21 145907
Property Address:
8111 Kennedy Rd
Municipality/UT:
Markham/York
OLT Case No.:
OLT-26-000061
OLT Lead Case No.:
OLT-26-000059
Heard:
April 13, 2026 by video hearing
APPEARANCES:
Parties
Counsel
8111 Kennedy Markham Inc.
Leo Longo Anna Lu (in absentia)
City of Markham
Maggie Cheung-Madar
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON APRIL 13, 2026 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for appeals brought by 8111 Kennedy Markham Inc. regarding the failure by the City of Markham to make decisions within the required timeframe on applications for Official Plan Amendment, Zoning By-law Amendment, and draft Plan of Subdivision pursuant to ss. 22(7), 34(11), and 51(34) of the Planning Act.
2The Tribunal received, and marked as Exhibit 1, the Affidavit of Service of Natalie Hickey, attesting to proper Notice having been given for this CMC.
STATUS REQUESTS
3The Tribunal received four requests for Participant status:
Unionville Volunteer Association (requested by Sheng Huang);
Markville Community Association (requested by Lianghua Liu);
South Unionville Resident Forum Inc.; and
Unionville Residents Association.
4The Tribunal granted all requests as there were no objections.
MEDIATION
5The Tribunal was informed that the Parties, on consent, may seek Tribunal-led Mediation.
SCHEDULED TELEPHONE CONFERENCE CALL
6On consent, the Parties agreed that a Telephone Conference Call (“TCC”) should be scheduled to provide updates to the Tribunal.
7The Tribunal scheduled a CMC to proceed by TCC on Tuesday, September 1, 2026 at 9 a.m.
8Individual(s) are directed to call +1-647-749-1728 or (toll-free) +1-833-250-5389 on the assigned date at the correct time. When prompted, enter the conference line code 561 079 680 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator.
FUTURE HEARING OF THE APPEALS
9The Parties further requested that a Merit Hearing be scheduled. Ten days were requested.
10The Merit Hearing of these appeals is scheduled to proceed by video on Monday, March 15, 2027 at 10 a.m. Ten days have been set aside.
11Parties and Participants 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/692665589
Access code: 692-665-589
12Parties and 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: +1-647-497-9373 or (toll-free) +1-888-299-1889. The access code is: 692-665-589.
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.
ORDER
16The Tribunal Orders that a Telephone Conference Call and a Merit Hearing of the appeals have been scheduled, as set out above.
17The Tribunal Further Orders that the Procedural Order, attached as Schedule A to this Decision, shall govern the conduct of this proceeding.
18No further notice is required.
19The Member is not seized
“Carmine Tucci”
CARMINE TUCCI
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.
SCHEDULE A
CASE NO(S).:
OLT-26-000059
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
8111 Kennedy Markham Inc.
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit the redevelopment of the Subject Site with a high-density residential/mixed-use community
Reference Number:
Plan 21 145907
Property Address:
8111 Kennedy Rd
Municipality/UT:
Markham/York
OLT Case No.:
OLT-26-000059
OLT Lead Case No.:
OLT-26-000059
OLT Case Name:
8111 Kennedy Markham Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
8111 Kennedy Markham Inc.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the redevelopment of the Subject Site with a high-density residential/mixed-use community
Reference Number:
Plan 21 145907
Property Address:
8111 Kennedy Rd
Municipality/UT:
Markham/York
OLT Case No.:
OLT-26-000057
OLT Lead Case No.:
OLT-26-000059
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the redevelopment of the Subject Site with a high-density residential/mixed-use community
Reference Number:
Plan 21 145907
Property Address:
8111 Kennedy Rd
Municipality/UT:
Markham/York
OLT Case No.:
OLT-26-000061
OLT Lead Case No.:
OLT-26-000059
PROCEDURAL ORDER