Kingsmoor Developments Inc. v. Vaughan (City), 2026 CanLII 55980

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

June 3, 2026

CASE NO.:

OLT-25-000892

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

Applicant/Appellant

Kingsmoor Developments Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a development consisting of three mixed-use towers ranging in height from 32, 35 and 38 storeys

Reference Number:

OP.21.026

Property Address:

177 Whitmore Road

Municipality/UT:

Vaughan/York

OLT Case No:

OLT-25-000892

OLT Lead Case No:

OLT-25-000892

OLT Case Name:

Kingsmoor Developments Inc. v. Vaughan (City)

PROCEEDING COMMENCED UNDER section 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 a development consisting of three mixed-use towers ranging in height from 32, 35 and 38 storeys

Reference Number:

Z.21.055

Property Address:

177 Whitmore Road

Municipality/UT:

Vaughan/York

OLT Case No:

OLT-25-000893

OLT Lead Case No:

OLT-25-000892

PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject:

Site Plan

Description

To permit a development consisting of three mixed-use towers ranging in height from 32, 35 and 38 storeys

Reference Number:

DA.22.007

Property Address:

177 Whitmore Road

Municipality/UT:

Vaughan/York

OLT Case No:

OLT-25-000894

OLT Lead Case No:

OLT-25-000892

BEFORE:

STEVEN T. MASTORAS

Wednesday, the 3^rd

MEMBER

day of June, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on February 20, 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 Tuesday, February 16, 2026. The Tribunal has set aside 9 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

PROCEDURAL ORDER

ISSUE DATE: June 3, 2026 CASE NO.: OLT-25-000892

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

Appellant:

Kingsmoor Developments Inc.

Subject:

Request to amend the Official Plan – Failure to adopt the requested amendment

Description:

To permit a development consisting of three mixed-use towers ranging in height from 32, 35, and 38 storeys

Reference Number:

OP.21.026

Property Address:

177 Whitmore Road

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000892

OLT Lead Case No.:

OLT-25-000892

OLT Case Name:

Kingsmoor Developments Inc. v. Vaughan (City)

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 a development consisting of three mixed-use towers ranging in height from 32, 35, and 38 storeys

Reference Number:

Z.21.055

Property Address:

177 Whitmore Road

Municipality/UT:

Toronto/Toronto

OLT Case No.:

OLT-25-000893

OLT Lead Case No.:

OLT-25-000892

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject:

Site Plan

Description:

To permit a development consisting of three mixed-use towers ranging in height from 32, 35, and 38 storeys

Reference Number:

DA.22.007

Property Address:

177 Whitmore Road

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-25-000894

OLT Lead Case No.:

OLT-25-000892

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.

2. Attachment "A" explains the meaning of the terms used in this Order.

Organization of the Hearing

3. The hearing will be held on February 16 to February 26, 2027 by video hearing as directed in the Tribunal’s decision and Order.

4. The length of the hearing is nine (9) 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. The procedural order deadlines are found in Attachment "B".

5. The Parties and Participants identified at the case management conference are listed in Attachment "C" to this Order.

6. The issues are set out in the Issues List attached as Attachment "D" to this Order. The Parties will attempt to resolve the issues prior to the hearing on the merits of the appeal. There will be no changes to the Issues List unless the Tribunal permits and/or the Parties consent to the changes, and a Party who asks the Tribunal for changes to the Issues List without consent of the other Parties may have costs awarded against it.

7. The order of evidence is set out in Attachment "E" 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 shall provide a mailing address, email address, and a telephone number to the Tribunal. Any such person who retains a representative must advise the other Parties and the Tribunal of the representative’s name, address, email address, and phone number.

9. If the hearing is to proceed electronically, any person who intends to participate in the hearing, including Parties, counsel, and witnesses, is expected to review the Tribunal’s Video Hearings Guide, available on the Tribunal’s website.

10. 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

11. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal to the Tribunal and the other Parties, including all revised plans, drawings, proposed instruments, and updated supporting documents and reports, on or before Friday October 16, 2026 (123 days before the hearing is scheduled to commence). 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. The Parties acknowledge that this requirement does not apply to revisions to the proposal which address or resolve issues raised by the other parties.

12. 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 the witnesses will be called. This list must be delivered to the Parties and the Tribunal on or before Friday October 30, 2026 (109 days before the hearing is scheduled to commence). A Party who intends to call an expert witness must include a copy of the expert witness’ curriculum vitae, Acknowledgement of Expert Duty form(s), and the area of expertise in which the expert witness is proposed to be qualified.

13. Any challenges to the witness, including qualifications of a witness to give opinion evidence in the proposed area of expertise identified 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 other Parties and to the Tribunal on or before Friday November 6, 2026 (102 days before the hearing is scheduled to commence).

14. Expert witnesses in the same disciplines shall have at least one meeting on or before Friday November 13, 2026 (95 days before the hearing is scheduled to commence) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting, and if an agreement is reached, the expert witnesses shall prepare and file a statement of agreed facts and the remaining issues to be addressed at the hearing with the Parties and Tribunal on or before Friday November 20, 2026 (88 days before the hearing is scheduled to commence).

15. 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 the expert witness statement, including a copy of the expert witness’ curriculum vitae and Acknowledgement of Expert Duty form, must be provided to the other Parties and to the Tribunal on or before Friday December 18, 2026 (60 days before the hearing is scheduled to commence). Instead of a witness statement, the expert may file their entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony. For greater certainty, each expert witness statement must comply with the minimum content requirements specified in Rule 7 of the Tribunal’s Rules of Practice and Procedure.

16. 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 provide a brief outline of the expert’s intended evidence to the other Parties and to the Tribunal on or before Friday December 18, 2026 (60 days before the hearing is scheduled to commence).

17. A Party who intends to call a witness who is not an expert must provide a brief outline of the witness’ evidence to the other Parties and to the Tribunal on or before Friday December 18, 2026 (60 days before the hearing is scheduled to commence). If this is not done, the Tribunal may refuse to hear the witness’ Participants’ testimony.

18. On or before Friday December 18, 2026 (60 days before the hearing is scheduled to commence), a Participant shall provide copies of their Participant statement to the other Parties and to the Tribunal. A Participant cannot present oral submissions at the hearing on the content of their written statement, unless permitted by the Tribunal.

19. On or before Friday January 15, 2027 (32 days before the hearing is scheduled to commence), Parties may provide to all other Parties and to the Tribunal a written response to any written evidence.

20. On or before Friday January 22, 2027 (25 days before the hearing is scheduled to commence), the Parties shall advise the Tribunal of whether any hearing dates scheduled for this matter may be released from the Tribunal's calendar. This request may only be made on consent of all of the Parties. If no hearing dates are intended to be released from the Tribunal's calendar, no Party is required to advise the Tribunal anything further in that regard.

21. On or before Friday January 29, 2027 (18 days before the hearing is scheduled to commence), the Parties shall provide copies of their visual evidence to all of the other Parties and to the Tribunal. The Tribunal and all Parties shall be notified if a model will be used, and all Parties must have a reasonable opportunity to view the model before the scheduled commencement of the hearing.

22. A person wishing to change written evidence, including witness statements or expert witness statements, must make a written motion to the Tribunal, and such moving Party must provide copies of the motion to all other Parties at least 15 days before the Tribunal hears the motion in accordance with Rule 10 of the Tribunal’s Rules of Practice and Procedure.

23. The Parties shall prepare a joint document book which shall be shared with the Tribunal on or before Friday February 5, 2027 (11 days before the hearing is scheduled to commence). All Parties must be served with the joint document book in an accessible electronic format.

24. The Parties shall prepare and file a detailed hearing plan with the Tribunal on or before Monday February 8, 2027 (8 days before the hearing is scheduled to commence), with a proposed schedule for the hearing that identifies, as a minimum, the Parties participating in the hearing, the preliminary matters (if any are to be addressed), the anticipated order of evidence, the date each witness is expected to attend the hearing, 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 detailed hearing plan. 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 detailed hearing plan at any time in the course of the hearing.

25. A Party who provides a witness’ 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.

26. All filings shall be submitted electronically to the Tribunal, the Parties, and the Participants (if any). Electronic copies may be filed by email, an electronic file sharing service, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7 of the Tribunal’s Rules of Practice and Procedure. The Parties shall make best efforts to ensure that all documents to be filed with the Tribunal are organized, tabbed, and digitally searchable. This Section applies regardless of whether the hearing event is taking place in person or electronically.

27. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness or as permitted by Section 11. Rule 17 of the Tribunal’s Rules of Practice and Procedure applies to such requests.

This Member is not seized.

So orders the Tribunal.

BEFORE:

Name of Member:

Date:

____________________________

TRIBUNAL REGISTRAR

attachment “a”

Purpose of the Procedural Order

Case management conferences are scheduled by the Tribunal to organize the hearing. This procedural order is provided to identify who may participate in the hearing, the issues in dispute, and the matters that are required to be carried out before the hearing.

The Tribunal recommends that the appellant, municipality, the applicant (if applicable), or those who wish to seek Party status in this proceeding, meet, remotely if necessary, to discuss this procedural order before the date of the case management conference and try to identify the issues and process they want the Tribunal to order following the conference. The Tribunal will hear submissions on the content of this procedural order at the case management conference and issue a procedural order at a later date.

If you are not represented by a lawyer, you should prepare by reviewing the Tribunal’s Video Hearings Guide, and the Tribunal’s Rules of Practice and Procedure, particularly Rule 20, which are available on the Tribunal’s website.

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 authorization 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 “B” SUMMARY OF DATES

Date

Event

Friday October 16, 2026 (123 days before the hearing is scheduled to commence)

Applicant to provide copies of revised proposal, including all revised plans and drawings (if any)

Friday October 30, 2026 (109 days before the hearing is scheduled to commence)

Exchange of witness lists (names, disciplines, and order to be called)

Friday November 6, 2026 (102 days before the hearing is scheduled to commence)

Last date to challenge witnesses or qualifications of a witness to give opinion evidence (if necessary)

Friday November 13, 2026 (95 days before the hearing is scheduled to commence)

Deadline for expert witnesses in the same disciplines to meet to try to resolve or reduce the issues for the hearing

Friday November 20, 2026 (88 days before the hearing is scheduled to commence)

Parties to file statement of agreed facts

Friday December 18, 2026 (60 days before the hearing is scheduled to commence)

Exchange of witness statements, summoned witness outlines, expert reports, and participant statements

Friday January 15, 2027 (32 days before the hearing is scheduled to commence)

Exchange of reply witness statements (if any)

Friday January 22, 2027 (25 days before the hearing is scheduled to commence)

Parties to advise the Tribunal if any hearing dates can be released (if required)

Friday January 29, 2027 (18 days before the hearing is scheduled to commence)

Exchange of visual evidence (if any)

Friday February 5, 2027 (11 days before the hearing is scheduled to commence)

Parties to file joint document book

Monday February 8, 2027 (8 days before the hearing is scheduled to commence)

Parties to file hearing plan

February 16 to February 26, 2027

Hearing scheduled

ATTACHMENT “C” LIST OF PARTIES AND PARTICIPANTS

Name

Counsel/Representative* and Contact

Parties

City of Vaughan

WEIRFOULDS LLP 1320 Cornwall Road, Suite 201 Oakville, ON L6J 7W5

Raj Kehar, Partner rkehar@weirfoulds.com +1 (416) 947-5051

CITY OF VAUGHAN LEGAL SERVICES 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1

Colin Dougherty, Legal Counsel colin.dougherty@vaughan.ca +1 (905) 832-2281 ext. 8571

Kingsmoor Developments Inc.

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

Gallu Construction Inc.

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

Participants

2371933 Ontario Inc.

CASSELS BROCK & BLACKWELL LLP Bay Adelaide Centre, North Tower 40 Temperance Street, Suite 3200 Toronto, ON M5H 0B4

Signe Leisk, Partner sleisk@cassels.com +1 (416) 869-5411

Jennifer Evola, Associate jevola@cassels.com +1 (416) 860-6753

Philip Piluris

Philip James Piluris * philippiluris@gmail.com +1 (807) 356-6798

ATTACHMENT “D” LIST OF ISSUES

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 have 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

28. 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), (i), (j), (k), (l), (m), (n), (o), (p), (q) and (r)?

Provincial Planning Statement

29. Is the Proposed Development consistent with the Provincial Planning Statement (2024) including but not limited to Sections 2.1.6, 2.2.1c), 2.3.1.2b), c), d), 2.3.1.3, 2.3.1.4, 2.3.1.6, 2.4.1.3.a), b), 3.1.1c), 3.6.1, and 3.9.1b)?

Region of York Official Plan

30. Is the Proposed Development in conformity with or otherwise meet the intent and goals of the Region of York Official Plan (2010), including but not limited to Sections 4.5.13, 4.5.14, 4.5.15, 4.5.17, 5.1.2, 5.1.5, 5.2.3, 5.2.4, 5.2.5, 5.2.6, 5.2.7, 5.2.8, 5.2.10a, b, d, f, 5.3.6, 5.3.7, 5.3.9, 5.3.10, 5.4.2, 5.4.5, 5.4.6a, c, f, g, j, m, n, 5.4.8, and 5.4.16?

31. 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, 4.1.1, 4.1.3, 4.2.1, 4.2.2, 4.2.4, 4.4.1, 4.4.2, 4.4.9 4.4.10, 4.4.11, 4.4.25, 4.4.35, 4.4.36, 4.4.38, 6.1.3, 6.4.3, 7.4.13, and Appendix 2, and Maps 1, 1A, 1B, 9A, 10, and 11?

City of Vaughan Official Plan 2010

32. 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, 2.2.5.6, 4.2.2.13, 4.2.3, 4.3.3, 5.1.1, 5.2.3, 7.3.3.1, 7.3.3.2, 7.3.3.4, 7.3.3.5, 7.3.3.8, 7.3.3.9, 7.5, 8.1.1.6, 8.1.1.7, 9.1.1.1b and f, 9.1.2.1, 9.1.2.7, 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, 10.1.1.14, 10.1.2.5, 10.1.2.6, 10.1.2.8, 10.1.2.20, 10.1.2.25, 10.1.2.26, 10.1.3.4, 10.1.3.6, 10.2.1.1, 10.2.1.5, 10.2.1.8, and Figure 6; and Schedules 1, 1A, 1C, 9, 10, 13, and 14A?

Prematurity

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

Vaughan Official Plan 2025 & Weston 7 Secondary Plan

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

Good Planning

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

Land Use Compatibility and Built Form

36. 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?

37. Does the Proposed Development provide sufficient space for landscaping and open space on the site, including public parks and privately owned public spaces?

38. Does the Proposed Development provide public parks, and does it have regard for the adopted Weston 7 Secondary Plan policies 6.2.2, 8.2.5 e), f), Schedules 1 and 3?

39. Does the Proposed Development establish an appropriate relationship to the public realm, its abutting properties and lands within its vicinity including the low-rise community to the north?

40. 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?

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

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

43. Does the Proposed Development have regard to the Design Priorities set in the City-Wide Urban Design Guidelines (2018), in particular 4.3.1, 5.2. including 5.2.2, 5.2.4b, 5.2.6a, 5.2.6g, 5.2.7 and 5.2.11, 5.3.6, 5.3.7 and 5.3.8?

44. Does the Proposed Development have regard to the City-Wide Urban Design Guidelines (2018) including but not limited to Performance Standard No. 5.2.1, 5.2.2, 5.2.6, 5.2.8, 5.2.16, 5.3.2, 5.3.7, 6.2.1, 6.2.3, 6.2.5, 6.2.8, 7.2.1?

Transportation and Parking

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

46. Is the Proposed Development’s supply of vehicular parking appropriate and encourage the use of sustainable transportation options?

47. Are the Transportation Demand Management (TDM) measures proposed acceptable and adequate to encourage the use of sustainable transportation options?

48. 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

49. 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?

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

51. 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?

52. Has a satisfactory revised Functional Servicing and Storm Water Management Report been provided to address the stormwater management, water and sanitary sewer servicing needs of the Proposed Development?

Noise

53. Does the Proposed Development appropriately address land use compatibility issues related to Noise in accordance with the D-6 Land Use Compatibility Guidelines?

54. Does the Proposed Development have regard to the Ministry of the Environment, Conservation and Parks, Environmental Noise Guideline Publication NPC-300 Guidelines?

Implementation

55. 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 12 of the City staff report dated September 30, 2025? What, if any, conditions need to be added arising from the Phase 1 Decision if available and applicable?

Form & Content of Amendments

56. 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?

GALLU CONSTRUCTION INC.:

57. Does the composition and siting of the proposed development achieve appropriate relationships with the adjacent property and the development proposed thereon (OLT-26-000088)?

58. Do the proposed development and implementing planning instruments appropriately coordinate new municipal and private infrastructure with adjacent development, including with respect to the siting of parkland, mid-block connections and roads?

59. Should the implementing zoning by-law amendment include holding provisions requiring that certain matters be completed prior to development proceeding, including a requirement that the owner enter into agreements to secure reciprocal access over proposed new private roads and mid-block connections?

ATTACHMENT “E” ORDER OF EVIDENCE

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.

ORDER:

1. Kingsmoor Developments Inc.

2. Gallu Construction Inc.

3. City of Vaughan

4. Kingsmoor Developments Inc. (in reply)