Gallu Construction Inc. v. Vaughan (City), 2026 CanLII 58387

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE:

June 8, 2026

CASE NO.:

OLT-26-000088

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

Applicant and Appellant:

Gallu Construction Inc.

Subject:

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

Description:

To permit the development of 5 residential towers, a mid-rise office building, a public park and 5 privately owned publicly accessible spaces

Reference Number:

OP.23.009

Property Address:

3899 Highway 7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-26-000088

OLT Lead Case No.:

OLT-26-000088

OLT Case Name:

Gallu Construction Inc. v. Vaughan (City)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant and Appellant:

Gallu Construction Inc.

Subject:

Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description:

To permit the development of 5 residential towers, a mid-rise office building, a public park and 5 privately owned publicly accessible spaces

Reference Number:

Z.23.017

Property Address:

3899 Highway 7

Municipality/UT:

Vaughan/York

OLT Case No.:

OLT-26-000089

OLT Lead Case No.:

OLT-26-000088

BEFORE:

STEVEN T. MASTORAS

Monday, the 8^th

MEMBER

day of June, 2026

THE TRIBUNAL ORDERS that further to the Decision issued on March 18, 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, May 17, 2027. The Tribunal has set aside 10 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

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 May 17, 2027, at 10:00 a.m. at:

GoTo Meeting: https://global.gotomeeting.com/join/660145013

Access Code: 660-145-013

Audio-only telephone line: 1 (647) 497-9373 or 1-888-299-1889 Audio-only access code: 660-145-013

3. The parties and participants identified at the case management conference are set out in Attachment 1.

4. The parties’ initial estimation for the length of the hearing is 10 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 set out in Attachment 2.

5. The issues are set out in the Issues List attached as Attachment 3. With the exception of the removal or narrowing of issues, there will be no changes to this list unless the Tribunal permits and/or the parties consent to the changes. A party who asks for changes may have costs awarded against it.

6. The order of evidence shall be as set out in Attachment 4 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. If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, and updated supporting documents and reports to the other parties on or before December 18, 2026. 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.

11. 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 January 11, 2027 and in accordance with paragraph 24 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. Any challenges to the witness list, including qualifications of a witness to give opinion evidence in the area of expertise proposed, shall be made by motion in accordance with the Tribunal’s Rules and notice of same must be served on the other parties on or before January 19, 2027.

12. Expert witnesses in the same field shall have a meeting on or before February 5, 2027 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 a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before February 12, 2027.

13. 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 paragraph 15 below. 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.

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

15. On or before March 8, 2027, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.

16. On or before March 8, 2027, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 24 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.

17. On or before April 12, 2027 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.

18. On or before April 26, 2027, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 24 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.

19. Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within fifteen (15) days after the evidence is received, on or before March 22, 2027 and in accordance with paragraph 24 below.

20. The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before May 7, 2027.

21. 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.

22. A party who provides 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.

23. The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before May 7, 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.

24. All filings shall be submitted electronically unless otherwise directed. 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.

25. No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.

26. The purpose of this procedural order and the meaning of terms used in this procedural order are 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

Gallu Construction Inc.

OVERLAND LLP 5525 Yonge Street, Suite 1101 Toronto, ON M2N 6P4 Daniel B. Artenosi / Justine Reyes 416.730.0320 / 437.424.3244 dartenosi@overlandllp.ca / jreyes@overlandllp.ca

City of Vaughan

WEIRFOULDS LLP 1320 Cornwall Road, Suite 201 Oakville, ON L6J 7W5 Raj Kehar rkehar@weirfoulds.com (416) 947-5051 CITY OF VAUGHAN LEGAL SERVICES 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1 Colin Dougherty Colin.dougherty@vaughan.ca (905) 832-2281 ext. 8571

Kingsmoor Developments Inc.

KAGAN SHASTRI DEMELO WINER PARK LLP 188 Avenue Road Toronto, ON M5R 2J1 Paul M. DeMelo / Daniel Angelucci pdemelo@ksllp.ca / dangelucci@ksllp.ca (437) 780-3435 / (437) 782-1348

PARTICIPANTS

1)

2371933 Ontario Inc.

CASSELS BROCK & BLACKWELL LLP Bay Adelaide Centre, North Tower 40 Temperance Street, Suite 3200 Toronto, ON M5H 0B4 Signe Leisk / Jennifer Evola sleisk@cassels.com / jevola@cassels.com (416) 869-5411 / (416) 860-6753

Marino On 7 Inc.

PARENTE BOREAN LLP 3883 Highway 7, Suite 207 Woodbridge, ON L4L 6C1 Gerard C. Borean gborean@parenteborean.com (905) 850-6068

ATTACHMENT 2

Summary of Dates

DATE

EVENT

December 18, 2026

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

January 11, 2027

Exchange of witness lists

January 19, 2027

Challenge of any witnesses to be brought by this date

February 5, 2027

Expert’s Meeting(s) prior to this date

February 12, 2027

Deadline to file any Agreed Statement(s) of Facts

March 8, 2027

Exchange of witness statements and experts’ reports, participant statements (if any) and summoned witness outlines (if any)

March 22, 2027

Exchange of reply witness statements (if any)

April 12, 2027

Parties to advise if any hearing dates can be released

April 26, 2027

Exchange of visual evidence (if any)

May 7, 2027

Filing of Joint Document Book & Hearing Plan

May 17, 2027

Hearing commences (10 days) Note: The Tribunal will not sit on May 24, 2027.

ATTACHMENT 3

Issues List

Note: The identification of an issue on the Issues List does not constitute an acknowledgement by the Tribunal or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the Tribunal’s determination of the issues at the hearing. The extent to which these issues are appropriate or relevant will be a matter of evidence and argument at the hearing. The identification of issues 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 having 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

1. 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

2. 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

3. 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

4. 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

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

Vaughan Official Plan 2025 & Weston 7 Secondary Plan

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

Good Planning

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

Land Use Compatibility and Built Form

8. 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?

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

10. 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?

11. 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?

12. Would the Proposed Development result in unacceptable adverse impacts on surrounding lands due to the existing and/or planned land uses in the vicinity of the Subject Site?

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

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

15. 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?

16. 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, 5.3.2, 5.3.7, 6.2.1, 6.2.3, 6.2.5, 6.2.8, 7.2.1?

Transportation and Parking

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

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

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

20. 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

21. 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?

22. 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?

23. 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?

24. 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?

Implementation

25. 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

26. 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?

KINGSMOOR DEVELOPMENTS INC.

27. Does the composition and siting of the proposed development achieve appropriate relationships with the adjacent property and the development proposed thereon (OLT-25-000892)?

28. 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?

29. 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 4

Order of Evidence

1. Gallu Construction Inc.

2. Kingsmoor Developments Inc.

3. City of Vaughan

4. Gallu Construction Inc. (in reply, if necessary)

ATTACHMENT 5

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.