Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 29, 2026

CASE NO(S).: OLT-23-000462

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: 2014707 Ontario Inc. (“Cook Homes”) Appellant: 2738766 Ontario Limited, 2738777 Ontario Limited and 848866 Ontario Limited Appellant: 2742707 Ontario Limited Appellant: 642762 Ontario Inc. and others Subject: Zoning By-law Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the Official Plan Reference Number: ZBA (2023)-20790 Property Address: All lands within the City of Guelph Municipality/UT: Guelph/Wellington OLT Case No: OLT-23-000462 OLT Lead Case No: OLT-23-000462 OLT Case Name: Ferrovia Investments Inc. v. Guelph (City)

PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Forum Asset Management Appellant: Paisley & Whitelaw Inc. Appellant: Silvercreek Guelph Developments Limited and 2089248 Ontario Inc. Subject: Proposed Official Plan Amendment Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the Official Plan Reference Number: OPA No. 88 Property Address: All lands within the City of Guelph, and site-specific updates Municipality/UT: Guelph/Wellington OLT Case No: OLT-23-000463 OLT Lead Case No: OLT-23-000462

Heard: March 4, 2026 by video hearing

APPEARANCES:

Parties	Counsel
City of Guelph	P. Pickfield A. Thornton I. White A. Ciccone
2742707 Ontario Limited 2738777 Ontario Limited 2738766 Ontario Limited 848866 Ontario Limited 2014707 Ontario Inc. Cook Homes 2793031 Ontario Inc. Silvercreek Guelph Developments Limited and 2089248 Ontario Inc.	J. Fraser E. Costello (in absentia) E. Davis J. Alati J. Meader M. McDermid N. Mares T. Halinski (in absentia)
Guelph Watson Holdings Inc. Loblaw Properties Limited Industrial Equities Guelph Corporation Guelph Home & District Builders’ Association University Village (Guelph) Limited 642762 Ontario Inc.	J. Cole K. Thompson G. Giuga

MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON MARCH 4, 2026 AND ORDER OF THE TRIBUNAL

Background

1The purpose of the Case Management Conference (“CMC”) is for the Tribunal to consider the City of Guelph’s (“City”) Comprehensive Zoning By-law (“CZBL”). The City began this review following a recent update to its Official Plan to ensure compliance with Provincial legislation.

2The updated CZBL will replace the City’s current CZBL. It is designed to implement the policies of the Official Plan, adopt modern zoning practices, improve usability, and comply with the Accessibility for Ontarians with Disabilities Act. The Zoning By-law focuses on built form, simplifies land use categories, and provides more flexible zoning standards.

3Official Plan Amendment No. 88 proposes changes to land use designations for certain properties to reflect current uses, built form, and zoning permissions. It introduces site-specific policies that recognize existing density permissions. The Amendment also recommends redesignating some properties from low-density residential to medium-density residential, high-density residential, or mixed and office commercial to better match current development patterns.

4At the outset of the CMC, Mr. Davis informed the Tribunal that the Parties he represents (2738777 Ontario Limited, 2738766 Ontario Limited, and 848866 Ontario Limited) have withdrawn their appeals.

PARTIAL SETTLEMENT AND DIRECTION OF FUTURE HEARING

5The Tribunal was advised that the Guelph & District Home Builders’ Association (“GDHBA”) and the City have reached a partial settlement regarding their appeals, which is now before the Tribunal for consideration.

6Katie Nasswetter, a Planner with the City, was qualified by the Tribunal to provide expert land use planning evidence on the partial settlement.

7Ms. Nasswetter explained that the negotiation process involved several without prejudice meetings between the GDHBA, its consultants, and the City, with registered professional planners participating for both parties.

8Ms. Nasswetter advised the Tribunal that, as a result of these discussions and a review of the regulations, the parties have reached a settlement agreement that resolve many of the regulatory issues between them.

9Ms. Nasswetter stated that the GDHBA and the City jointly seek an Order from the Tribunal to bring the settled regulations into effect. In her expert opinion, the partial settlement represents good land use planning, serves the public interest, addresses the provincial interests in section 2 of the Planning Act, is consistent with the Provincial Planning Statement 2024, and aligns with the objectives of the City's Council-approved Official Plan.

10Based on the evidence provided, the Tribunal is satisfied that the partial settlement is appropriate.

GDHBAs’ HEARING OF THE MERITS

11With respect to the remaining GDHBA appeals, the City and the GDHBA have been granted, at their request, until March 27, 2026 to submit a draft Procedural Order and Issues List for the Tribunal’s consideration. The Tribunal has reviewed and approved the attached Procedural Order and Issues List.

12The three-week Merits hearing has been scheduled for the video hearing which will begin on Monday, February 1, 2027 at 10 a.m. through the following link:

https://meet.goto.com/558205565

Access Code: 558-205-565

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: 558-205-565.

FURTHER CMC

14For the remaining site-specific appeals, a future CMC has been scheduled for Friday, June 5, 2026 at 10 a.m., to discuss potential hearing dates and to update the Tribunal of any potential settlements.

15Parties 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/914098901

Access code: 914-098-901

16Parties 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

17Persons 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: 914-098-901.

18Individuals 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.

19As 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

20THE TRIBUNAL ORDERS THAT the City-wide appeal of City of Guelph Zoning By-law (2023)-20790 by GDHBA is allowed in part, in order to give effect to the modifications shown on Schedule 1 to this Order, without prejudice to the site-and area-specific appeals of the remaining Appellants to this matter; and that

21City of Guelph Zoning By-law (2023)-20790 is hereby amended in accordance with Schedule 1 to this Order, without prejudice to the site- and area-specific appeals of the remaining Appellants to this matter.

22The three-week hearing of the Merits scheduled to be held on Monday, February 1, 2027 between the City and the GDHBA for the remaining appeals be set as per the directions in paragraph [12]. The Procedural Order and Issues List contained in Schedule 2 to this Order shall govern the Merit hearing.

23The Friday, June 5, 2026, CMC for the site-specific appeals are set out in the directives of paragraph [13].

24No further notice is required.

“Steven Cooke”

STEVEN COOKE VIce-Chair 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 1

SCHEDULE 2

ONTARIO LAND TRIBUNAL

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, RSO 1990, c P13, as amended.

Appellant: 2014707 Ontario Inc. (“Cook Homes”) Appellant: 2738766 Ontario Limited, 2738777 Ontario Limited and 848866 Ontario Limited Appellant: 2742707 Ontario Limited Appellant: 642762 Ontario Inc.; and others Subject: Zoning By-law Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the Official Plan Reference Number: ZBA (2023)-20790 Property Address: All lands within the City of Guelph Municipality/UT: Guelph OLT Case No: OLT-23-000462 OLT Lead Case No: OLT-23-000462 OLT Case Name: Ferrovia Investments Inc v Guelph (City)

PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, RSO 1990, c P13, as amended.

Appellant: Forum Asset Management Appellant: Paisley & Whitelaw Inc. Appellant: Silvercreek Guelph Developments Limited and 2089248 Ontario Inc. Subject: Proposed Official Plan Amendment Description: City of Guelph new Comprehensive Zoning By-law and related site-specific updates to the official Plan Reference Number: OPA No. 88 Property Address: All lands within the City of Guelph, and site-specific updates Municipality/UT: Guelph OLT Case No: OLT-23-000463 OLT Lead Case No: OLT-23-000462

PROCEDURAL ORDER

(Phase 1 Hearing - City-Wide Appeal)

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 Monday, February 1, 2027 at 10:00 a.m. through the following link:

https://meet.goto.com/558205565

Access Code: 558-205-565

3. The parties’ estimation for length of the hearing is fifteen (15) days, ending on Friday, February 19, 2027. The Tribunal will not sit on February 15, 2027 (Family Day). 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.

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 shall be as 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 Hearing Guide, available on the Tribunal’s website.

9. A party, participant, or witness who intends to submit document(s) to the Tribunal must include a declaration within each submitted document if generative AI was used to create or generate content. A declaration is not required if AI was used to merely suggest changes, provide recommendations, or critique content already created by a human who then considered and manually implemented the changes.

Requirements Before the Hearing

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 October 5, 2026, and in accordance with paragraph 22 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 November 3, 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 Statement of Agreed Facts and a list of the remaining issues to be addressed at the hearing and provide this list to all of the parties by no later than November 18, 2026.

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 section 22. 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 section 21. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in section 15.

14. On or before December 3, 2026, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case coordinator in accordance with paragraph 22.

15. On or before December 17, 2026, the parties shall provide any reply witness statements responding to any written evidence received to the other parties and to the OLT case coordinator in accordance with paragraph 22.

16. On or before December 17, 2026, the parties shall confirm with the Tribunal if all of the reserved hearing dates are still required.

17. On or before January 18, 2027, the parties shall provide copies of their visual evidence to the other parties in accordance with paragraph 22. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

18. 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.

19. The parties shall cooperate to prepare and file an electronic, indexed Joint Document Book with the Tribunal on or before January 22, 2027. If a party wants a printed copy of the Document Book for its own use it shall print it themselves at their own cost.

20. A party who provides a witness’ evidence 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 the record.

21. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before January 22, 2027, 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.

22. All filings shall be submitted electronically. 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.

23. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness, and except as may be granted by the Tribunal. The Tribunal’s Rule 17 applies to such requests.

24. The purpose of the Procedural Order and the meaning of the terms used in the Procedural Order are set out in Attachment 4.

25. A summary of the various procedural dates is set out in Attachment 5.

This Member is [not] seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

TRIBUNAL REGISTRAR

Attachment 1

List of Parties and Participants

Parties to Phase 1:

1. City of Guelph c/o Garrod Pickfield LLP 9 Norwich St W Guelph, ON N1H 2G8 519.837.0500 Peter Pickfield pickfield@garrodpickfield.ca Alex Ciccone aciccone@garrodpickfield.ca Allison Thornton Associate Solicitor City of Guelph 519.822.1260 x2438 allison.thornton@guelph.ca

2. Guelph & District Home Builders’ Association Inc. (o/a Grand Highlands Home Builders’ Association) c/o SmithValeriote Law Firm LLP 245 Hanlon Creek Blvd, Unit 102 Guelph, ON N1C 0A1 519.837.2100 Kevin Thompson kthompson@svlaw.ca Giovanni Giuga ggiuga@svlaw.ca

3. 2793031 Ontario Inc. c/o Davies Howe 425 Adelaide St W, 10th Floor Toronto, ON M5V 3C1 416.263.4514 Meaghan McDermid meaghanm@davieshowe.com

Parties to Site-Specific Phase (not governed by this Procedural Order)

PARTY	COUNSEL
2014707 Ontario Inc. (“Cook Homes”)	Turkstra Mazza 15 Bold St Hamilton, ON L8P 1T3 905.529.3476 x2740 Jennifer Meader jmeader@tmlaw.ca
Paisley & Whitelaw Inc. Silvercreek Guelph Developments Limited and 2089248 Ontario Inc.	Aird & Berlis LLP Brookfield Place 181 Bay St, Suite 1800 Toronto, ON M5J 2T9 416.863.1500 Tom Halinski thalinski@airdberlis.com Naomi Mares nmares@airdberlis.com
Guelph Watson Holdings Inc. Loblaw Properties Limited 642762 Ontario Inc. University Village (Guelph) Limited	SmithValeriote Law Firm LLP 245 Hanlon Creek Blvd, Unit 102 Guelph, ON N1C 0A1 519.837.2100 Kevin Thompson kthompson@svlaw.ca Giovanni Giuga ggiuga@svlaw.ca
2742707 Ontario Limited	Aird & Berlis LLP Brookfield Place 181 Bay St, Suite 1800 Toronto, ON M5J 2T9 416.863.1500 Eileen Costello ecostello@airdberlis.com Jasmine Fraser jcmfraser@airdberlis.com
Industrial Equities Guelph Corporation	McCarthy Tetrault 66 Wellington St W, Suite 5300 Toronto, ON M5K 1E6 416.362.1812 Michael Foderick mfoderick@mccarthy.ca Jamie Cole jcole@mccarthy.ca
Windmill Development Group Ltd.	Soloway Wright 427 Laurier Ave W Ottawa, ON K1R 7Y2 613.782.3202 Philip Osterhout posterhout@solowaywright.com

Participants: none

Attachment 2

Issues List of the Appellant, Guelph & District Home Builders’ Association Inc. (Now O/A Grand Highlands Home Builders’ Association)

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 relevant, appropriate, or within the Tribunal’s jurisdiction. 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, but shall not preclude any other party from calling evidence on the issue.

1. For each of the contested provisions of Guelph’s Comprehensive Zoning Bylaw (the “CZBL”) as listed in Appendix “A” (the “Contested Provisions”), would the Contested Provision:

a. Have appropriate regard for matters of Provincial interest, as set out in Section 2 of the Planning Act, including but not limited to subsections (h), (j), (p) and (r)?

b. Be consistent with the Provincial Planning Statement, 2024, including but not limited to Policies 2.1, 2.2, 2.3, 2.4?

c. Be in conformity with the City of Guelph Official Plan, including but not limited to Sections 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 7.2, 9.1, 9.2, 9.3, 9.4, 10.4, 11.1 and all of Chapter 8?

d. Represent good planning?

e. Be in the public interest?

2. For any Contested Provision which does not meet all of the planning tests set out in Issue 1, would the alternative provision recommended by the GDHBA (the “Appellant’s Proposal”):

a. Have appropriate regard for matters of Provincial interest, as set out in Section 2 of the Planning Act, including but not limited to subsections (h), (j), (p) and (r)?

b. Be consistent with the Provincial Planning Statement, 2024, including but not limited to Policies 2.1, 2.2, 2.3, 2.4?

c. Be in conformity with the City of Guelph Official Plan, including but not limited to Sections 3.1, 3.3, 3.4, 3.5, 3.6, 3.7, 7.2, 9.1, 9.2, 9.3, 9.4, 10.4, 11.1 and all of Chapter 8?

d. Represent good planning?

e. Be in the public interest?

3. What are the appropriate performance standards for the Contested Provisions?

Appendix A

Unresolved portions of CZBL (the “Contested Provisions”)

The following definitions in Part B: Definitions of the Comprehensive Zoning By-law remain under appeal:

• Balcony;
• Buffer Strip;
• Common Amenity Area;
• Apartment Building;
• Ground Floor Area;
• Parking Facility;
• Electric Vehicle Parking Space; and
• First Storey Height.

The following provisions of Section 4: General Provisions of Part C: General Provisions and Parking of the Comprehensive Zoning By-law remain under appeal:

• 4.6.1 Corner Lots (A)
• 4.10 Municipal Services and (A) of 4.10 Municipal Services
• 4.14.4 Angular planes (A)

The following provisions of Section 5: Parking of Part C: General Provisions and Parking of the Comprehensive Zoning By-law remain under appeal:

• 5.2.2 (a)
• 5.2.3 Commercial, mixed-use, employment, institutional, utility uses
• 5.2.4 Structured parking
• 5.2.4 (d)
• 5.3.2 Parking space dimensions
• 5.6 Required parking rates in downtown zones
• Table 5.4 - Required parking rates in downtown zones
• All other rows except Rows 1 and 3
• Additional Regulations for Table 5.4
• Table 5.7 - Required bicycle parking rates in all zones except downtown zones
• 5.9 Electric vehicle parking requirements
• 5.11.1 Maximum width of attached garage - residential
• 5.11.3 Maximum residential driveway widths
• Table 5.9 - Maximum width of attached garage - residential and Additional Regulations for Table 5.9
• Table 5.10 - Maximum width of residential driveway width
• Additional Regulations for Table 5.10

The following provisions of Section 6: Residential Zones of Part D: Land Use Zones of the Comprehensive Zoning By-law remain under appeal:

• Table 6.3: RL.1 and RL.2 single detached dwelling/multi-unit buildings (3 units) setback regulations (B)
• Table 6.7: RL.1 and RL.2 semi-detached dwelling setback regulations (B)
• Table 6.11: RL.3 and RM.5 on-street townhouse setback regulations (B)
• Table 6.15: RL.3 and RM.5 rear access on-street townhouse setback regulations (B) – Exterior side yard (min)
• Table 6.18: RL.4 and RM.6 townhouse lot setback regulations
• (E) - lot coverage (max), landscape open space (min) and active entrance
• (F) – buffer strip (min)
• (H) – common amenity area (min)
• Table 6.19: RL.4 and RM.6 townhouse unit regulations
• (B) – dwelling unit width (min)
• (C) – front yard from private street back of curb or sidewalk or lot line (min)
• (D) – exterior side yard from private street, etc. (min)
• (E) – rear yard from private street, etc. (min)
• (G) – building length (max)
• Additional Regulations for Tables 6.17 to 6.19
• 2 and 3
• Additional Regulations for Tables 6.17 to 6.19 Private Amenity Area
• 11
• Table 6.21: RL.4 Apartment building setback regulations
• (D) – Buffer Strip
• Table 6.22: RL.4 Apartment building - building regulations
• Common Amenity Area
• Angular plane
• Table 6.25: RM.5 Apartment building setback regulations
• (D) – Buffer Strip
• Table 6.26: RM.5 Apartment building - building regulations
• Common amenity area (min)
• Angular plane
• Table 6.29: RM.6 Apartment building lot regulations
• (A) – front yard or exterior side yard
• (D) – buffer strip (min)
• Landscaped open space (min)
• Table 6.30: RM.6 Apartment building - building regulations
• Common amenity area (min)
• Table 6.31: RM.6 Apartment building angular plane regulations
• 6.3.9 Apartment buildings (b) Setback regulations
• Table 6.33: RH.7 Apartment Building setback regulations
• (A) - Front Yard or exterior side yard
• (D) – Buffer strip (min)
• Landscaped open space (min)
• Table 6.34: RH.7 Apartment building - building regulations
• (C) – floorplate size (max)
• (D) – building stepbacks (min)
• Tower separation
• Common amenity area (min)
• Table 6.35: RH.7 Apartment building
• (A)(B) – Angular plane regulations
• Additional Regulations for Tables 6.20 to 6.35
• 5, 6, 7

The following provisions of Section 7: Mixed Use Zones of Part D: Land Use Zones of the Comprehensive Zoning By-law remain under appeal:

• 7.3.1 Lot and building regulations (a) lot regulations / (b) setback regulations
• Table 7.2: Commercial Mixed-use Centre zone lot regulations
• (A) – Lot frontage (min)
• Table 7.3: Commercial Mixed-use Centre zone setback regulations
• (A) Front yard and exterior side yard (min/max)
• (B) Interior side yard (min)
• (C) Rear yard (min)
• (D) Buffer Strip (min)
• Landscaped Open Space (min)
• Table 7.4: Commercial Mixed-use Centre zone building regulations
• (A) – building height (min)
• (C) – floorplate (max)
• (D) – Building stepbacks (min)
• (E) – building length (max)
• tower separation
• common amenity area
• Table 7.5: Commercial Mixed-use Centre
• (A)(B)(C) angular plane regulations
• 7.3.2 Commercial regulations for Commercial Mixed-use Centre zone
• (a) Minimum commercial GFA
• 7.3.3 Mixed-use Corridor and neighbourhood commercial centre zones building regulations
• Table 7.7: Mixed-use Corridor and Neighbourhood Commercial Centre zone setback regulations
• (D) – Buffer Strip (min)
• Table 7.8: Mixed-use Corridor and Neighbourhood Commercial Centre zone building regulations
• (A) – building height (min)
• common amenity area
• Table 7.9: Mixed-use Corridor and Neighbourhood Commercial Centre
• (A)(B)(C) angular plane regulations
• 7.3.4 Commercial regulations for MUC and NCC zones
• (A) – maximum GFA of individual retail use in NCC zone
• 7.3.5 Mixed office/commercial (MOC) zone (a) lot regulations
• Table 7.11: Mixed Office/Commercial zone setback regulations
• (E) – Buffer strip (min)
• Table 7.12: Mixed Office/Commercial zone building regulations
• (A) – building height (min)
• common amenity area
• angular plane
• Additional Regulations for Tables 7.2 - 7.13
• Additional Regulation 2

The following provisions of Section 8: Commercial Zones of Part D: Land Use Zones of the Comprehensive Zoning By-law remain under appeal:

• Table 8.3: Convenience Commercial zone setback regulations
• (D) – Buffer strip (min)
• Table 8.6: Service Commercial zone setback regulations
• (D) – Buffer strip (min)

The following provisions of Section 9: Downtown Zones of Part D: Land Use Zones of the Comprehensive Zoning By-law remain under appeal:

• Table 9.1 - Permitted uses in downtown zones
• 9.3 Regulations for all downtown zones
• except for (E) i and iv
• Table 9.3: D.1 zone setback regulations:
• Buffer strip (min)
• Table 9.4: D.1 zone building regulations:
• building height (min and max)
• building stepbacks (min)
• Additional Regulations for Tables 9.2 - 9.4
• 1(b)
• 9.4.2 Exterior finishes (D.1)
• Table 9.6: D.2 zone setback regulations
• (A) – Front yard or exterior side yard (min)
• (B) – interior side yard (min)
• (C) – rear yard (min)
• Buffer strip (min)
• Table 9.7: D.2 zone building regulations:
• Building height (min and max)
• Additional Regulations for Tables 9.5 - 9.7:
• Additional Regulations 1, 2, and 3
• Table 9.10: D.3 and D.3a zone building regulations:
• Building height (min and max)

The following provisions of Section 10: Employment Zones of Part D: Land Use Zones of the Comprehensive Zoning By-law remain under appeal:

• Table 10.6: Employment mixed-use zone setback regulations:
• (D) – Buffer strip (min)
• Landscaped open space (min)

The following provision of Section 17: Holding Provisions of Part E: Site-specific Provisions and Zones remains under site-specific appeal:

• 17.1.12 (H12) Municipal Services

The following schedules of Part F: Zoning Schedules remain under appeal:

• Schedule B-4: Downtown Height Overlay
• Schedule B-6: Downtown Exterior Finishes Overlay

Attachment 3

Order of Evidence for Phase 1

1. City of Guelph (factual, background) [and/or agreed statement of facts on procedural history]
2. Grand Highlands Home Builders’ Association (GHHBA)
3. 2793031 Ontario Inc.
4. City of Guelph
5. GHHBA, in Reply

Attachment 4

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.

Attachment 5

Summary of Filing Dates

DATE	EVENT
October 5, 2026	Exchange of Witness Lists (para. 10)
November 3, 2026	Experts Meeting Deadline (para. 11)
November 18, 2026	Agreed Statement of Facts (para. 11)
December 3, 2026	Exchange of Witness Statements (para. 14)
December 17, 2026	Exchange of Reply Witness Statements (if any) (para. 15)
December 17, 2026	Date to let Tribunal know if all hearing dates are required (para. 16)
January 18, 2027	Exchange of Visual Evidence (para. 17)
January 22, 2027	Joint Document Book (para. 19)
January 22, 2027	Hearing Plan filed with the Tribunal (para. 21)
February 1, 2027	Hearing commences