2133904 Ontario Inc. v. Vaughan (City), 2026 CanLII 58383

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 11, 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 and 10515 Highway 27

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 and 10515 Highway 27

Municipality/UT: Vaughan/York

OLT Case No.: OLT-25-000883

OLT Lead Case No.: OLT-25-000884

Heard: May 11, 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 MAY 11, 2026 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal scheduled a Hearing in accordance with Rule 12 of Tribunal’s Rules of Practice and Procedure to review the proposed settlement and planning instruments between 2133904 Ontario Inc. (“Appellant”) and the City of Vaughan (“City”) due to the City’s failure to make a decision on the Official Plan Amendment Application (“OPA”) and the Zoning By-law Amendment Application (“ZBA”) (together, the “Applications”). The Applications would permit the development of Mid-Rise residential and High-Use residential uses for the lands municipally known as 89 & 99 Nashville Road, and 10515 Highway 27 (“Subject Lands”).

LEGISLATIVE FRAMEWORK

2When considering appeals filed pursuant to s. 22(7) and s. 34(11) of the Planning Act (“Act”), the Tribunal must have regard to matters of provincial interest as set out in s. 2 of the Act. Decisions of the Tribunal affecting planning matters must be consistent with the applicable policies of the Provincial Planning Statement, 2024 (“PPS 2024”) and, in this matter, conform to the York Region Official Plan (“ROP”), the City of Vaughan Official Plan (“VOP”), and the City of Vaughan Zoning By-law No. 001-2021 (“ZBL”).

SUBJECT LANDS AND SURROUNDING AREA

3The Subject Lands consist of a land assembly of three properties, municipally known as 89 & 99 Nashville Road, and 10515 Highway 27. The area of the site is 0.74 hectares in size with frontages of 71 metres (“m”) on Nashville Road and 61.8 m on Highway 27 and are located within the community of Kleinburg.

4To the north of the Subject Lands is a low-rise residential neighbourhood and a multi-tenant retail plaza. To the south is a forested area and a Montessori school. To the east of the Subject Lands is the historic Village Core of Kleinburg and to the west is a single detached residential dwelling located at the corner of Nashville Road and Highway 27.

5The Subject Lands are partially within the Kleinburg Historic Village Core, which includes the area fronting onto Nashville Road, and this forms the westerly boundary of the Village Core. The balance or the Village Core extends easterly along Nashville Road to Islington Avenue and includes properties within some of the side streets accessing Nashville Road.

6The Subject Lands are currently vacant and were purchased in 2023 by the Appellant. The previous owner of the property had received a demolition permit to remove two designated heritage structures. This demolition was completed prior to the Appellant owning the Subject Lands.

7The Appellant began the application process in 2024 and filed the Applications on July 30, 2024. The original Applications would permit a mid-rise residential redevelopment consisting of 11 storeys and included a 12-storey tower to the north end and a 14-storey tower to the south end of the proposed building. The building proposed to have a total of approximately 557 residential dwelling units and a proposed Floor Space Density Index (“FSI”) of 6.15. The original proposal included a total of approximately 2,810 square metres (“m²”) of amenity space with a four level below ground parking structure, which would accommodate approximately 523 shared vehicle spaces and approximately 360 shred bicycle spaces.

8An OPA was required to redesignate the rear portion of the Subject Lands from “Natural Areas and Countryside” to “Local Centres”, which would then create the whole of the Subject Lands to have the “Local Centres” designation. Secondly, Schedule 13 of the Land Use Plan is proposed to be redesignated from “Low-Rise Mixed Use” and “Natural Areas” to “High-Rise Residential”. Thirdly, a new site-specific policy is proposed to be added to Area Specific Policy 12.4 “Kleinburg Core” in Volume 2 of the VOP 2010 to permit a mid-rise building with a maximum Gross Floor Area of 46,000 m² that transitions from 14 storeys to 12 storeys, with a definition of mid-rise building that does not exceed 14 storeys.

9A ZBA was required to amend the Subject Lands from “R1 Residential Zone” (R1) and “OS2 Open Space Park” to “RA3 Apartment Residential” (RA3) with site specific exceptions. Secondly, it is proposed that Zoning By-law No. 001-2021 be amended by rezoning the Subject Lands from “KMS Main Street Mixed Use - Kleinburg Zone” (KM2) subject to site-specific exception 14.525, “I1 – General Institutional Zone” (I1) and “OS1 Public Open Space Zone” (OS1) to “KMS – Exception”.

10On November 20, 2024, the Applications were deemed complete. On December 2, 2024, a statutory public meeting was held on the Applications. On October 24, 2025, the Appellant filed an appeal to the OLT due to the City’s failure to make a decision on the Applications.

11In the months that followed the appeal, the Appellant held informal, without prejudice meetings with the City. The OLT assisted in mediation between the Parties in April 2026. As a result of the mediation, the Appellant made the following revisions to the planning instruments:

1. Deeming Nashville Road as the lot frontage and establishing front, rear, and side yard setbacks on that basis;

2. Reduction of proposed building heights from 11 to 14 storeys to 3 to 12 storeys;

3. Reduction of FSI to 5.1;

4. Transitioning height from Nashville Road frontage to rear of property by eliminating 11-storey podium, reducing heights at northernly building fronting Nashville Road from 12 storeys to three (3) storeys stepping back to eight (8) storeys; creating a six (6)-storey podium building flanking Highway 27 which connects to a 12-storey building at the rear of the site;

5. Introducing zoning provisions to permit a mixed-use hotel component in the front building based on overnight accommodations being permitted in the Official Plan;

6. Identifying six (6)-storey connecting podium structure and rear building as possible locations for Seniors/Retirement Residence;

7. Adding new provisions for balcony and ground related patio/terrace depths;

8. Maintaining building envelope limits in accordance with previously staked limits and buffers imposed by the Toronto and Region Conservation Authority (“TRCA”);

9. Restricting Hotel use to a minimum of 50 hotel suites;

10. Maintaining private amenity and parking rates based on current parent zoning by-law requirements; and,

11. Imposing Holding (H) provisions, subject to multiple conditions required by the City of Vaughan.

12Following the mediation process, an offer of settlement was presented to the City by the Appellant on April 13, 2026. On April 28, 2026, City council passed a resolution accepting the offer as presented.

PRELIMINARY ISSUES

Participant Statements

13At the previous Case Management Conference (“CMC”) the Tribunal deferred ruling on the Participant Statements that were received, due to the Appellant arguing that some of the Participants and their Statements were duplicitous in nature, as some of the individuals had submitted statements while being members of the Kleinburg and Area Ratepayers’ Association. The Appellant argued that 2537297 Ontario Limited and Kleinburg Mews Inc. owned different lands in proximity to the Subject Lands, but the concerns should only be allowed as one Participant statement and not two.

14After further review, the Tribunal ruled that the following Participant Statements would be approved for the Hearing before the Tribunal and the Tribunal directed that the evidence heard at this Settlement Hearing would reflect the concerns of these Participants:

a. Kleinburg and Area Ratepayers Association

b. Alexandra Battison

c. Kleinburg Mews Incorporated

Submissions

15Prior to the commencement of the Hearing, the Tribunal received the following documents and marked said documents as exhibits to the Hearing:

Exhibit 1: Witness Statement of Jim Levac and related planning documents; comprising 350 pages

Planning Evidence

16The Appellant presented Mr. Levac to provide oral evidence along with his Affidavit. Based on the curriculum vitae of Mr. Levac, the Tribunal approved Mr. Levac to give expert opinion evidence in the area of land use planning pertaining to the planning instruments that were before the Tribunal.

[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html)

17It was Mr. Levac’s opinion that the planning instruments before the Tribunal are of provincial interest as per s. 2 of the Act. Mr. Levac continued to opine that the planning instruments have respect to the protection of ecological systems, including natural areas, features, and functions.

18Concerning the conservation of architectural, cultural, historical, and archaeological features on the Subject Lands, Mr. Levac opined that even though the property is partially located with the historic “Village Core”, the heritage features were removed by the previous owners under the approval of the City in 2020. As apart of the settlement with the City and apart of the Holding Zone provisions, a commemorative feature will be provided on the property.

19Mr. Levac continued to opine that the planning instruments will make efficient use of the existing municipal services and will help facilitate the orderly development of safe and healthy communities. The planning instruments will facilitate the redevelopment of underutilized lands and will provide for an orderly development to occur while providing for a greater choice of housing.

20It was Mr. Levac’s opinion that the Subject Lands are an appropriate location for growth and development, which are located within walking distance to various retail and personal service uses.

21Mr. Levac continued to opine that the proposed built form is well designed, encourages a sense of place, and will be in a compact built form that is complimentary and compatible to the surrounding Kleinburg Village.

Provincial Planning Statement, 2024 (“PPS 2024”)

22It was Mr. Levac’s opinion that the planning instruments will provide for healthy, liveable, and safe communities by promoting an efficient land use development that will not cause environmental, public health, or safety concerns.

23Mr. Levac continued to opine that the planning instruments will help support the achievement of a “complete” community by providing for a mix of land uses, housing options, transportation options, and access to public facilities, parks, and open spaces.

24Mr. Levac opined that the planning instruments will provide for a residential intensification of underutilized lands and optimizes the use of existing and planned infrastructure and public services, including public transportation.

25The PPS 2024 speaks to municipalities identifying “Strategic Growth Areas”, and within these “Strategic Growth Areas”, identify “Local Centres” which establishes the prioritization of growth and intensification areas. The Kleinburg Village is one of the City’s Local Centres, and the planning instruments before the Tribunal will help the City achieve its intensification targets in one of its Local Centres.

26Finally, it was Mr. Levac’s opinion that the Subject Lands do not contain any heritage features or resources; however, the Appellant will continue to work with the City to ensure the development is compatible with the character of Kleinburg Village.

York Region Official Plan (“YROP”)

27Concerning the YROP, it was Mr. Levac’s opinion that the planning instruments conform to the applicable policies of the YROP as the planning instruments will help create a “complete community”, and the proposed development is intended to be designed in such a manner that it will be sustainable, vibrant, healthy, and walkable, while making efficient use of the Subject Lands.

28Mr. Levac continued to opine that the planning instruments conform to the policies concerning “Community Areas”. The planning instruments will permit the development of the Subject Lands that will provide for other forms of housing not currently available in the immediate area and will provide forms of housing to residents in different stages of their lives, while balancing a mix of residential and employment needs.

29Concerning the intensification of the Subject Lands, Mr. Levac opined that the planning instruments will provide an appropriate form of intensification within a Strategic Growth Area, while balancing this intensification with the contextual setting of Kleinburg Village.

Vaughan Official Plan (“VOP”)

30Pertaining to the VOP, Mr. Levac opined that the planning instruments conform to the VOP, as the planning instruments conform to the Local Centre policies by providing a mixed-use development that will be compatible with the local area and context. The planning instruments will provide a mix of housing types that will be predominantly residential in character, be compatible with the surrounding neighbourhood, and will be a transitional gateway that can support more height and density.

31It was Mr. Levac’s opinion that the Subject lands do not contain any culturally significant buildings and, as such, the proposed redevelopment of the Subject Lands is appropriate and responds to the cultural heritage policy framework where applicable.

32Mr. Levac continued to opine that the planning instruments conform to the applicable policies of the VOP pertaining to urban design and parking. The planning instruments propose a mid-rise built form that uses the natural topography to locate the highest portion of the building farthest away from any streets and uses the natural topography to reduce the sightlines and massing along Nashville Road. The proposal, as presented, will not create any adverse forms of shadowing or overlook perceptions. Concerning parking, Mr. Levac opined that the proposal would minimize the impact on surrounding properties by utilizing private driveways and will provide underground parking to the residents, and thus, conforms to the urban design and parking policies.

33Chapter 12 of the VOP focuses on the Kleinburg Core Area. Mr. Levac opined that the proposed OPA designation change is appropriate and conforms to the policies in Chapter 12, as the planning instruments will provide an appropriate level of intensification at the gateway to the Kleinburg Village Core that will not have an adverse effect on the remainder of the Core.

City of Vaughan Zoning By-law 001-2021

34It was Mr. Levac’s opinion that the ZBA will allow the Subject Lands to conform to the ZBL. The Holding provisions implemented into the ZBA will allow the development to occur in such a way that it will remain in conformity with the ZBA and the site-specific OPA planning instruments.

Participant Statements

35Concerning the approved Participant Statements, it was Mr. Levac’s opinion that the concerns of the Participants that are relevant to the planning instruments before the Tribunal have been given the appropriate amount of regard. The proposal before the Tribunal has had its massing and overall height reduced from 11-14 storeys to a total of 3-12 storeys. The proposal has an appropriate amount of compact intensification within a Strategic Growth Area. The proposal will be built in such a way that it will have the appropriate regard to the heritage of the Kleinburg Village Core. A Cultural Heritage Impact Assessment will need to be completed, and a commemorative feature will be included in the final design of the Subject Lands before the Holding symbol can be removed.

36Mr. Levac continued with his opinion that the parking requirements meet the current zoning; however, the ZBA performance standards were included in the form before the Tribunal to guarantee these standards are kept.

37Concerning site grading, drainage, stormwater, and erosion, it was Mr. Levac’s opinion that the Holding provisions will guarantee that the site grading, drainage, stormwater, and erosion will meet the engineering requirements of the City, the Region, and the TRCA. The concerns pertaining to municipal service requirements will be dealt with as a part of the performance requirements contained within the Holding symbol, and the concerns pertaining to privacy and rooftop noise have been dealt with through the agreed upon TRCA limits and buffers and site-specific yard and encroachment standards within the ZBA.

38It was Mr. Levac’s opinion that the proposal and the planning instruments before the Tribunal do not set any precedents as both of the planning instruments are site specific in nature and the conditions set into the holding symbol of the ZBA will provide continuing oversight into the concerns of the Participants, and these concerns must be satisfied to the City and Region before a building permit can be issued.

ANALYSIS AND FINDINGS

39Having received the uncontroverted evidence and expert opinion of Mr. Levac, and the Tribunal receiving the uncontested submissions of the Parties in support of the planning instruments before the Tribunal, the Tribunal accepts the evidence of Mr. Levac, and the Tribunal is satisfied that the proposed planning instruments meet the statutory tests.

40The Tribunal finds that the settlement proposal and the planning instruments are a matter of provincial interest as per s. 2 of the Act. The planning instruments will protect the natural ecological systems and natural features found on the Subject Lands, while making efficient use of the existing municipal services and providing the need for housing intensification within a settlement area. The Tribunal finds that the proposed planning instruments will help the orderly development of safe communities by providing an appropriate amount of intensification on underutilized lands within a settlement area. The planning instruments will promote a built form that is well designed, will encourage a sense of place, and the proposed development will be in a compact form that will be compatible with the character of the surrounding Kleinburg Village community.

41The Tribunal finds that the planning instruments have demonstrated that they are consistent with the applicable policy framework of the PPS 2024 as the proposal will help promote efficient land use and an intensification that is in a compact form. The planning instruments will help achieve a ‘complete’ community by accommodating a mix of land uses, housing options, and public spaces. The planning instruments will allow for an efficient use of the existing and planned municipal infrastructure, which includes the existing public transportation network. The Subject Lands are located in a “Local Centre”, which is an area that is to be a prioritization of intensification, as stated in the PPS 2024. The planning instruments before the Tribunal help achieve an appropriate amount of intensification that is both appropriate and compatible with its surrounding context.

42The Tribunal finds that the proposal, as presented, has demonstrated its conformity to the applicable policies of the YOP as the planning instruments will support the YOP’s goals of intensification within a Regional Built-Up Area. The planning instruments will help with the creation of a complete community by efficiently using an underutilized parcel of land while maximizing the use of existing public services and infrastructure. The Tribunal finds that the planning instruments will provide for a range of housing options not currently available in the existing “Community Area” context and will help the Region meet its growth targets by providing an appropriate form of density.

43The Tribunal finds that the proposed settlement conforms to the VOP as the planning instruments will provide a mix of housing types that can support local transit and will be designed to have a compatible transition to the surrounding neighbourhoods. The Tribunal finds that the planning instruments will minimize shadow or overlook concerns and will be built in a form that will reflect the character of the existing streetscape. The Tribunal finds that the planning instruments will provide underground parking and will minimize surface parking, which conforms to the parking policies contained in the VOP.

44Concerning the cultural heritage of the Subject Lands, the Tribunal finds that the Heritage Impact Assessment confirms that the Subject Lands previously had buildings of heritage value. However, the City did grant the previous owner of the Subject Lands a demolition permit to remove those heritage buildings. The Tribunal finds that the Heritage Impact Assessment supports the conclusion that the proposed planning instruments are appropriate and has given appropriate regard for the cultural framework policies of the VOP.

45The Tribunal finds that the proposed planning instruments conform to the ZBL and the use of the Holding Symbol (“H”) is appropriate for the conditions that need to be met by the Appellant.

46The Tribunal finds that the concerns of the Participants are being appropriately addressed through the use of the Holding Symbol in the ZBA.

47The Tribunal finds that the Holding provisions are appropriate, and the Tribunal finds that it is appropriate for the City of Vaughan to have the authority to remove these conditions as they are satisfied.

48The Tribunal finds that the planning instruments, as presented, are compatible with the surrounding area context, are an appropriate use of the Subject Lands, represents good land use planning, and should be approved as presented.

ORDER

49THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, and Orders that the Official Plan of the City of Vaughan is modified as set out in Attachment 1 to this Order.

50THE TRIBUNAL ORDERS THAT the appeal is allowed, and the City of Vaughan’s Comprehensive Zoning By-law No. 001-2021 is hereby amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the City of Vaughan to assign a number to this by-law for record keeping purposes.

51THE TRIBUNAL FURTHER ORDERS THAT the Holding Symbol (“H”) affixed to the Subject Lands through the Zoning By-law Amendment shall not be removed until the conditions set out in Subsection 14.1257.1 of the Zoning By-law Amendment have been satisfied to the satisfaction of the City of Vaughan.

52If there are any issues concerning the satisfaction of the conditions attached to the Holding Symbol (“H”), the Tribunal may be spoken to, schedule permitting.

“S. deBoer”

S. deBOER MEMBER

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.

Attachment 1

Attachment 2