Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 03, 2026

CASE NO(S).: OLT-22-002104

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

Appellant: 1042710 Ontario Limited (aka Royal Centre)

Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch

Appellant: 1150 Centre Street GP Inc.

Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd.

and others

Subject: Zoning By-law

Description: New City-wide comprehensive zoning by-law

Reference Number: By-law 001-2021

Property Address: City Wide

Municipality/UT: Vaughan/York

OLT Case No: OLT-22-002104

OLT Lead Case No: OLT-22-002104

OLT Case Name: D'Aversa v. Vaughan (City)

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

Appellant: 1042710 Ontario Limited (aka Royal Centre)

Appellant: 1096818 Ontario Inc. Jordan, Ryan, and Brittany Fisch

Appellant: 1150 Centre Street GP Inc.

Appellant: 1163919 Ontario Ltd., 1888836 Ontario Ltd., and 1211612 Ontario Ltd.

and others

Subject: Zoning By-law

Description: Transitional by-law

Reference Number: By-law 039-2022

Property Address: City Wide

Municipality/UT: Vaughan/York

OLT Case No: OLT-22-003554

OLT Lead Case No: OLT-22-002104

PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6

Request by: City of Vaughan

Motion for: To resolve certain appeals pertaining to Comprehensive Zoning By-law 001-2021 (“CZBL”) and to Transition By-law 039-2022 (“Transition By-law”), in whole or in part, as further elaborated within the text of the Decision and Order below

Heard: January 28, 2026 in writing

APPEARANCES:

Parties	Counsel
City of Vaughan	P. Patterson, L. English, C. Tashos

DECISION DELIVERED BY S. BRAUN AND C. HARDY AND ORDER OF THE TRIBUNAL

INTRODUCTION

1A summary of the context and extensive background on the history of this matter is set out in a previous Tribunal decision issued on August 25, 2023 (D’Aversa v. Vaughan (City), 2023 CanLII 78842 (ON LT)) and need not be repeated in this Decision.

2In brief, the City of Vaughan (“City”) passed a Comprehensive Zoning By-law No. 001-2021 (“CZBL”) on October 20, 2021, replacing Zoning By-law No. 1-88 (“ZBL 1-88”), which affects all properties in the City, apart from those lands in the Yonge Street and Steeles Avenue area known as the Yonge-Steeles Corridor Secondary Plan Area.

3At its meeting on March 22, 2022, the City enacted By-law No. 038-2022 to repeal the transition provisions in s. 1.6 of the CZBL and By-law No. 039-2022 to adopt new transition provision for the CZBL in s. 1.6 (“Transition By-law”).

4There was a total of 130 appeals to the Tribunal related to the CZBL and a total of 46 appeals to the Tribunal related to the Transition By-law. In previous decisions, various panels of the Tribunal have provided details with respect to how the CZBL and Transition By-law appeals have been case managed.

MOTION AND REQUESTED RELIEF

5This decision and order relate to a motion brought by the City, requesting the relief set out in paragraph [6] below. The materials before the Tribunal include the City’s Notice of Motion dated January 13, 2026, and the Affidavit of Christina Bruce, affirmed on January 13, 2026. Ms. Bruce is a Registered Professional Planner and member of the Ontario Professional Planners Institute and has been previously qualified by the Tribunal to provide expert opinion evidence in land use planning. Based on a review of Ms. Bruce’s curriculum vitae and executed Acknowledgement of Expert’s Duty, she was similarly qualified for the purposes of the present Motion.

6The City requests an Order of the Tribunal:

1. allowing, in part, Appeal No. 002843 to the CZBL by 1930328 Ontario Inc. (Liberty Development Corporation) (“1930328”) with respect to the lands municipally known as 2871 and 2901 Highway 7, City of Vaughan, repealing section 14.1124 as adopted on October 20, 2021 and approving certain amendments to the CZBL (new section 14.1124) and consequential changes to Maps 32 and 52 in Schedule A to the CZBL, in accordance with Schedule A1 attached to this decision and Order;

2. dismissing the balance of Appeal No. 002843 to the CZBL;

3. allowing, in part, Appeal No. 002844 to the CZBL by 1834371 Ontario Inc. (Liberty Development Corporation) (“1834371”) in respect of the lands municipally known as 2951-2957 Highway 7 and 180 Maplecrete Road, City of Vaughan, and approving certain amendments to the CZBL (new section 14.1163), in accordance with Schedule B1 attached to this Decision and Order;

4. dismissing the balance of Appeal No. 002844 to the CZBL;

5. providing, pursuant to subsection 34(31) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) that the CZBL is deemed to have come into force on the day the CZBL was passed (i.e. October 20, 29021) for:

i. the lands municipally known at 3500 King Vaughan Road, City of Vaughan, in respect of which lands Appeal No. 002738 of the CZBL, filed by Zepco Holdings Inc. (“Zepco”), has been withdrawn in writing filed with the Tribunal; and

6. providing, pursuant to subsection 34(31) of the Act, that the Transition By-law is deemed to have come into force on the day the Transition By-law was passed (i.e. March 22, 2022) for:

i. the lands municipally known at 3500 King Vaughan Road, City of Vaughan, in respect of which lands Appeal No. 004786 of the Transition By-law, filed by Zepco, has been withdrawn in writing filed with the Tribunal.

71930328 and 1834371 appealed only the CZBL. If approved, each of the proposed amendments, discussed in further detail below, will fully resolve these appeals.

8In addition, as a result of the withdrawal of Zepco’s appeals of the CZBL and the Transition By-law, the City requests an Order of the Tribunal pursuant to s. 34(31) of the Act, to bring those parts of the CZBL and the Transition By-law into force on the day the CZBL and Transition By-law were passed (October 20, 2021 and March 22 2022, respectively) for the lands at 3500 King Vaughan Road, City of Vaughan.

SUBMISSIONS AND EVIDENCE

Proposed Amendments to the CZBL

91930328 appealed the CZBL, raising concerns which included that it did not accurately reflect the site-specific development standards and mapping associated with its lands at 2871 and 2901 Highway 7, City of Vaughan (“1930328 lands”).

10On March 19, 2019, City Council passed By-law No. 039-2019 to amend ZBL 1-88, rezoning the 1930328 lands from ‘EM1 Prestige Employment Area’ to ‘C9 (H) Corporate Centre Zone’ with the Holding Symbol (“H”). By-law No. 039-2019 created a site-specific exception and schedules that included development standards and provisions to permit development of the 1930328 lands with towers of 40, 34 and seven (7) storeys. On June 28, 2022, City Council passed By-law No. 157-2022 approving further amendments to ZBL 1-88 for the 1930328 lands to permit an increase in the height of the previously approved towers to 49 storeys, and 45 storeys with a floor space index of 6.97 and a total of 1,257 residential units, among other development standards. Section 14.1124 of the CZBL for the 1930328 lands includes the approvals in By-law No. 039-2019 but does not include the approvals in By-law No. 157-2022.

11The proposed amendment would correct the site-specific development standards and mapping of the CZBL to accurately reflect the zoning applicable to the 1930328 lands, as established by By-law No. 157-2022 and to reflect the following modifications approved by Council on November 25, 2025:

a) Reducing the minimum setback required from City roads to portions below finished grade from 0.5 m to 0 m;

b) Permitting a maximum of 15 bicycle parking spaces within a landscape strip on the east side of the 1930328 lands; and

c) Applying the ZBL 1-88 bicycle parking space rate for the Vaughan Metropolitan Centre (since By-law No. 157-2022 approvals have not been carried forward into the CZBL), with minor reductions:

a. Residential: from 0.45 long-term and 0.05 short-term to 0.45 long-term and 0.05 short term; and

b. Commercial: from 0.1 long-term and 0.15 short-term to 0.1 long-term and 0.05 short-term.

12Section 14.1124 and related figure in the CZBL would be repealed and replaced with a new section 14.1124 and related figure, along with consequential amendments to Maps 32 and 52 in Schedule A to the CZBL, all of which is set out in Schedule A1 and A2 attached to this Order.

131834371 appealed the CZBL also raising concerns that the CZBL did not accurately reflect the site-specific development standards and mapping associated with its lands, now municipally known as 2951-2957 Highway 7 and 180 Maplecrete Road, City of Vaughan (“1834371 lands”).

14On January 30, 2024, City Council passed By-law No. 009-2024 to amend the CZBL (and related By-law No. 008-2024 to amend ZBL 1-88 under dual review) to permit a mixed-use development on the 1834371 lands with five towers ranging in height from 27 to 48 storeys, a total of 2,176 dwelling units, a floor space index of 9.0 and to provide minimum bicycle parking space rates. By-law No. 009-2024 also amended the CZBL by repealing site-specific exceptions, sections 14.1031 and 14.1118, and replacing them with a new exception, section 14.1163 and associated Figure E-1732. By-law No. 009-2024, including a new section 14.1163, addressed 1834371’s issues with the CZBL, save for bicycle parking space rates.

15The approval sought will reflect a reduction in the bicycle parking space rates, endorsed by Council on November 25, 2025, from what was established in By-law No. 009-2024 through section 14.1163, as follows:

a) Residential: from 0.8 long-term and 0.2 short-term to 0.45 long-term and 0.05 short term; and

b) Commercial: from 0.2 long term (commercial), 0.1 long-term (retail), and 0.2 short-term to 0.1 long-term and 0.05 short term.

16To reflect the foregoing, a new section 14.1163 and related Figure E-1732 in the CZBL, as set out in Schedule B1 attached to this Order, are proposed for the Tribunal’s approval to resolve the CZBL Appeal. If approved, the City will introduce an amendment to By-law No. 009-2024 for City Council approval, to repeal the version of section 14.1163 and Figure E-1732 in By-law No. 009-2024, so that there are not two versions of this CZBL site-specific exception in force. By-law No. 009-2024 is not before the Tribunal, so the repeal must be enacted by Council.

17Ms. Bruce opined that the proposed amendments set out in Schedules “A1” through “B1” to the Order (together the “proposed amendments”) have regard to s. 2 of the Act and in particular, ss. 2, (h), (j), (m) (n) and (q), by correcting discrepancies between previously approved and in-force zoning by-laws or official plan policies, including site-specific approvals, and the CZBL, as enacted, thereby ensuring orderly development of safe and healthy communities and resolving planning conflicts between public and private interests. She further opined that the proposed amendments would establish zones that permit a range of residential-oriented land uses, contributing to the provision of a full range of housing, and would establish higher density, mixed-use orientation zones within a Protected Major Transit Station Area (“PMTSA”), thereby having regard for the promotion of development that supports public transit.

18It is Ms. Bruce’s opinion that the proposed amendments are consistent with the policies of the Provincial Planning Statement, 2024 (“PPS”) and she provided detailed analysis of relevant sections in her written affidavit, including that the corrections contained in the proposed amendments provide for a coordinated approach to dealing with planning matters consistent with policy 6.2 of the PPS. Among other policies, Ms. Bruce referenced those which speak to the provision of an appropriate mix and range of housing options and densities to meet projected needs of current and future residents, and the efficient use of land, resources and infrastructure, concluding that the proposed amendments are consistent with the policies of the PPS.

19Ms. Bruce opined that the proposed amendments conform with the York Region Official Plan 2022 (“YROP”). She explained that the proposed amendments establish development-oriented zones which permit a range of land uses, including residential, commercial or employment-oriented uses (or a mix thereof), in conformity with policies that speak to sustainable, healthy, and vibrant complete communities. She noted that the proposed amendments will provide a mix and range of housing options, unit sizes and tenures, suitable for all ages, household sizes and abilities.

20Although the City of Vaughan Official Plan, 2025 was adopted by the City on October 28, 2025, it is subject to approval by the Minister of Municipal Affairs and Housing and is therefore not yet in force. As such, the Vaughan Official Plan, 2010 (“VOP 2010”), in addition to certain YROP policies deemed to be the City’s official plan policies, are the in-force policies against which conformity of the proposed amendments must be reviewed and assessed.

21Ms. Bruce opined that the proposed amendments conform with the policies of the VOP 2010 and the Vaughan Metropolitan Centre Secondary Plan (“Secondary Plan”), which the 1930328 lands and the 1834371 lands are subject to. Among other things, she explained that the policies of the Secondary Plan establish site-specific development standards including maximum height and density for the 1930328 lands and the 1834371 lands, with which the proposed amendments conform. She opined that the proposed amendments accurately reflect the previously approved zoning applicable to both sets of lands.

22Overall, Ms. Bruce opined that the proposed amendments have regard to matters of Provincial interest, are consistent with the PPS and conform with the YROP and VOP 2010, and are representative of good planning in the public interest.

Withdrawn Appeal

23As previously noted, Appeal No. 002738 of the CZBL and Appeal No. 004786 of the Transition By-law by Zepco were withdrawn, as evidenced in a letter dated January 7. 2026. Accordingly, the City requests that the Tribunal order the CZBL and Transition By-law be deemed to have come into force on the days that they were passed, being October 20, 2021 and March 22, 2022 respectively, for the lands at 3500 King Vaughan Road, City of Vaughan.

24The City submits that s. 34(31) of the Act allows the Tribunal to make such an Order deeming any part of the CZBL and Transition By-law not in issue in the appeal to be in force on the day they were passed prior to the final disposition of the remaining appeals.

ANALYSIS AND DECISION

25The Tribunal confirms that it has received, reviewed, and considered the materials and submissions which were contained in the City’s Motion Record.

Proposed Amendments to the CZBL

26Based on the uncontested and detailed written evidence of Ms. Bruce, the Tribunal is satisfied that the proposed amendments will meet municipal and provincial planning objectives and will, among other things, resolve planning conflicts between public and private interests. Further, they permit a range and mix of residential land uses and promote the efficient use of land, resources and infrastructure. The Tribunal accepts the uncontested evidence of Ms. Bruce and finds the proposed amendments to the CZBL meet the requisite legislative tests and represent good planning in the public interest.

27Accordingly, the Tribunal approves the proposed amendments to the CZBL, having been satisfied that they meet all requisite legislative tests and are representative of good planning.

Withdrawn Appeals

28The Tribunal understands that Ms. Bruce’s written evidence is supportive of the City’s submissions regarding the withdrawn appeals and request to bring into force those parts of the CZBL and Transition By-law affecting lands associated with the withdrawn appeals.

29Section 34(31) of the Act allows the Tribunal to make an order, prior to the final disposition of all appeals, providing any part of a by-law not in issue in an appeal to be deemed to have come into force on the day the by-law was passed. In its Motion record, the City seeks an Order of the Tribunal pursuant to s. 34(31) of the Act.

30Based on the request of the City and the evidence in Ms. Bruce’s Affidavit, which included Zepco’s January 7, 2026 withdrawal letter as an Exhibit, the Tribunal finds that it is appropriate to deem the CZBL in force as of October 20, 2021 and the Transition By-law in force as of March 22, 2022 for the lands at 3500 King Vaughan Road, City of Vaughan.

ORDER

31THE TRIBUNAL ORDERS that:

1. The following Orders recorded in this decision and approval of portions of the City of Vaughan Comprehensive Zoning By-law No. 001-2021(“CZBL”) and the City of Vaughan By-law No. 038-2022 (“Transition By-law), where applicable, as attached hereto as Schedules A1 through B1, are without prejudice to the disposition of any other appeals of the CZBL and Transition By-law and any unapproved potions thereof, such that if those appeals proceed to a subsequent hearing or motion, either on their own or as may be consolidated with other proceedings, the City of Vaughan will not take the position that the Tribunal ought not to approve the amendments to the CZBL or Transition By-law on the basis that such amendments deviate from or are inconsistent with the amendments attached hereto as Schedules A1 through B1 as brought into force by these Orders. This does not affect the City of Vaughan’s right to assert that the CZBL or Transition By-law as amended by Schedules A1 through B1 hereto, to the extent brought into force by these Orders, should be applied to specific sites or areas without amendments on the basis that doing so is consistent with the Planning Act and provincial policies, conforms to provincial and official plans, and/or constitutes good planning; and,

2. Notwithstanding these Orders, the Tribunal maintains the jurisdiction to consider and approve amendments to the CZBL and Transition By-law as amended herein, as may be appropriate to dispose of any remaining outstanding appeals before the Tribunal.

1930328 Ontario Inc. (Liberty Development Corporation) (Appeal No. 002843)

3. Appeal No. 002843 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021, being an appeal by 1930328 Ontario Inc. (Liberty Development Corporation), is allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:

a. Exception 14.1124 is repealed and replaced with a new Exception 14.1124 in the form set out in Schedule A1 to this Order;

b. Schedule A – Maps 32 and 52 are amended in the form set out in Schedule A2 to this Order; and

4. In all other respects, the Tribunal orders that Appeal No. 002843 to Comprehensive Zoning By-law No. 001-2021 is dismissed.

1834371 Ontario Inc. (Liberty Development Corporation) (Appeal No. 002844)

5. Appeal No. 002844 in OLT Case No. OLT-22-002104 to Comprehensive Zoning By-law No. 001-2021 being an appeal by 1834371 Ontario Inc. (Liberty Development Corporation) is allowed in part and Comprehensive Zoning By-law No. 001-2021 is amended as follows:

a. A new exception 14.1163 is added to Chapter 14 of the Comprehensive Zoning By-Law No. 001-2021, inclusive of a new Figure E-1732, in the form set out in Schedule B1 to this Order; and

6. In all other respects, the Tribunal orders that Appeal No. 002844 to Comprehensive Zoning By-law No. 001-2021 is dismissed.

Withdrawn Appeals

7. Pursuant to s. 34(31) of the Planning Act, Comprehensive Zoning By-law No. 001-2021 is deemed to have come into force on the day that it was passed, being October 20, 2021, for the following lands in the City of Vaughan for which the appeals of Comprehensive Zoning By-law No. 001-2021 have been withdrawn and filed with the Tribunal:

a. Lands municipally known as 3500 King Vaughan Road (Appeal No. 002738 of Comprehensive Zoning By-law No. 001-2021 filed by Zepco Holdings Inc.);

8. Pursuant to s. 34(31) of the Planning Act, By-law No. 039-2022 is deemed to have come into force on the day that it was passed, being March 22, 2022, for the following lands in the City of Vaughan for which the appeals of By-law No. 039-2022 have been withdrawn in writing and filed with the Tribunal:

a. Lands municipally known as 3500 King Vaughan Road (Appeal No. 0047986 of By-law No. 039-2022 filed by Zepco Holdings Inc.)

“S. Braun”

S. BRAUN

VICE CHAIR

“C. Hardy”

C. HARDY

VICE CHAIR

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 A1

SCHEDULE A2

SCHEDULE B1